Article 1. Definitions
1. Member" means a person who has agreed to these Terms and Conditions, has registered as a member, has been accepted as a member by the Company, and has been given a member ID.
2. The term "we" or "us" means NDP Marketing, Inc.
3. The term "the Service" refers to the service provided by Otsukai ( https://otsukai.com/ ).
4. The "Terms" means these Terms of Service, as well as the terms and conditions individually stipulated by us within the Service, including precautions, etc.
Article 2. Terms of Use
1. Members shall use the Service upon agreeing to the terms of this Agreement. The Terms of Use shall take effect from the date the member begins to use the Service.
2. If a member is a minor, he/she shall use the service only after obtaining the consent of his/her legal representative. In addition, if requested by the Company to confirm such consent, the member shall promptly respond by submitting the documents specified by the Company.
3. These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.
4. The Service and any agreements formed between members based on this Agreement shall be governed by the laws of Japan.
5. Tokyo District Court shall be the exclusive court of first instance for disputes concerning these Terms and Conditions.
Article 3. Members
1. Those who agree to the Terms and Conditions and wish to become a member must complete the prescribed membership registration procedures.
2. Each member or entity shall have one account. Multiple account registrations are prohibited.
3. Members may not assign their membership status or rights as a member to a third party or create a security interest or any other third-party rights.
4. If an applicant (in the case of a corporation, including its officers, employees, persons in a relationship of substantial control over the corporation, and persons equivalent thereto) falls under any of the following categories, the Company shall not accept the
Subscribe to DeepL Pro to edit this document. Visit www.DeepL.com/pro for more information.
membership application of the applicant. If the applicant (in the case of a corporation, including its officers, employees, persons in a relationship of effective control over the corporation, and persons who are equivalent to these persons) falls under any of the following, we may not accept the membership application of the applicant, or if the applicant has already registered as a member, we may cancel the membership registration or suspend the use of the membership.
1. When we determine that the applicant does not exist or may not exist.
2. If, at the time of application, it is known that your membership ID has been suspended, your membership has been forcibly terminated, or your membership application has been rejected due to a violation of the Membership Agreement, etc., or if it is known that you have received such a suspension or rejection in the past.
3. If there are any falsehoods, errors, or omissions in the information provided at the time of application
4. If you have failed to pay for this service in the past
5. If the settlement related party designated by us refuses to enter into a contract with the relevant applicant
6. Boryokudan (organized crime groups), Boryokudan members and those who have not ceased to be Boryokudan members for a period of five years, quasi-organized Boryokudan members, those who belong to Boryokudan-related companies, general assemblymen, social movement advocacy groups, special intelligence groups, terrorists, those designated by the Japanese or foreign governments as subject to economic sanctions (hereinafter collectively referred to as "Boryokudan Members, etc.") (hereinafter collectively referred to as "Anti-Social Forces"), or persons similar to Bouryokudanin, etc. (hereinafter collectively referred to as "Anti-Social Forces"). (2) In the event that a person is found to be an officer or employee of a corporation in which antisocial forces, etc. are substantially involved in the management, or is found to have some other relationship with antisocial forces, etc.
7. (i) If it is found that the company has a relationship in which Boryokudan-in etc. or antisocial forces are deemed to control the management of the company, (ii) If it is found that the company has a relationship in which Boryokudan-in etc. or antisocial forces are deemed to be substantially involved in the management of the company, (iii) If it is found that the company has a relationship in which Boryokudan-in etc. or antisocial forces are deemed to be used unjustifiably for the purpose of making unjust profits for itself, itself or a third party or for the purpose of causing damage to a third
party, or (iv) In the event that the Company is found to have a relationship with Boryokudan-in etc. or antisocial forces that is deemed to involve Boryokudan-in etc. or antisocial forces, such as providing funds or other benefits to Boryokudan-in etc. or antisocial forces.
8. If we deem you to be unsuitable as a member in any other way
Article 4. Treatment of Membership IDs and Passwords
1. Members shall use their member ID and password for the Service only for the proper use of the Service.
2. Members are responsible for managing their member IDs and passwords strictly to prevent theft or other unauthorized use, and must change their passwords regularly for security reasons.
3. Members shall not disclose, divulge, lend, share, or transfer their member ID and password to a third party, allow a third party to use them, or offer them as collateral for themselves or a third party.
4. Any action taken using a member's ID and password, whether or not the action is actually taken by the member himself/herself, shall be considered as use by the member himself/herself, and the member shall assume all liabilities and responsibilities for such use. In the event that the Company or a third party suffers damages as a result of such actions, the member shall indemnify the Company or the third party for such damages.
5. The Company shall not be liable for any loss or damage incurred by a member or third party due to inadequate management of member IDs and passwords, errors in use, or use by a third party.
Article 5. Modifications of Registered Member Information and Withdrawal from Membership
1. Whenever there is a change in the registered information, the member must change the registered information in accordance with the procedures prescribed by the Company.
2. Withdrawal from the Service must be made through the prescribed procedure.
3. Upon resignation of membership, the member relinquishes all rights in the Service.
4. We shall not be liable for any damage caused by the member's intentional or negligent conduct in the prescribed procedures.
5. Members may not withdraw from membership (and may not waive their rights or be relieved of their obligations) if any transaction procedures, such as the settlement of a transaction or the mailing of goods, have not been completed, and members must complete a series of unfinished transactions smoothly and without delay in accordance with these Terms and Conditions before they can withdraw from membership.
Article 6. The Services
1. The service provides a place and opportunity for members to buy and sell goods, and members are solely responsible for their own sales contracts, listings, purchases, and guarantees, etc., and we are not responsible for any sales or purchases by ourselves, nor are we commissioned to do so, nor do we perform any other similar acts. The Company shall not be involved in the cancellation, termination, cancellation, return, refund, guarantee, or any other aspect of the execution of transactions between members. The Service is not intended to facilitate the buying and selling of goods through auctions.
2. For the convenience of our members, we provide information on translated sites, but we do not guarantee the truthfulness, completeness, or accuracy of the translated content. Members shall use the above translation site at their own risk and discretion, and we shall not be liable for any damage caused by errors in translation.
Article 7. Requests for and Procurement of Merchandise
1. Members shall follow the procedures prescribed by the Company and make a request for the desired product with a genuine intent to purchase.
2. The following are prohibited products in this service. Any request for a product that falls under or may fall under any of the prohibited products will be considered a violation of these Terms and Conditions, regardless of whether the request was made intentionally or negligently by the member. List of prohibited products >
3. Members may not make requests without a genuine intent to purchase, nor may they make requests that the Company deems to be for the purpose of mischief. In addition, members may not make a request without a genuine intent to purchase, nor may they make a request that we deem to be for the purpose of mischief, nor may they make a request for the purpose of purchasing an item that we deem to have been requested for the purpose of mischief.
4. The member may not cancel the request after the person who has made a bid for the requested item ("bidder") has confirmed the purchase of the requested item. Once the purchase has been confirmed by the person who has made a bid for the requested product (hereinafter referred to as the "Buying Candidate"), the Member may not cancel such request.
5. When a Member confirms a purchase request for a product, a purchase agreement for the purchase of such product is concluded. The purchasing candidate whose purchase request for a product is confirmed must purchase the product on his/her own in accordance with the conditions proposed by him/her, obtain such product, and then
ship it to the requesting Member. The purchase request for the purchase of the commodity is confirmed.
6. Members who make a purchase offer shall make a purchase offer with the understanding that the sales price of the requested product will be paid after the member who made the request has received the product and has been notified of the arrival of the product, and after we have deducted the Otsukai usage fee in accordance with this Agreement.
7. If we deem a request to be in violation of these Terms and Conditions or the PayPal Merchant Agreement (hereinafter referred to as the "Merchant Agreement"), or if we deem the request to be inappropriate, in addition to the measures stipulated in Article 15, we may cancel the request or the display activity that occurred in response to the request. In addition to the measures stipulated in Article 15, if we deem a request to be in violation of this Agreement or the PayPal merchant agreement (hereinafter referred to as the "merchant agreement"), or if we deem it inappropriate, we may, at our discretion, cancel the request or any display activities that have occurred in response to that request. The Company shall not be liable for any damages incurred by the member as a result of actions taken in accordance with this section.
8. We shall not be liable for any damage caused by a request made by a member to the member who made the request or to any other member or third party.
Article 8. Exhibition of Merchandise
1. Members (including corporations, hereinafter referred to as "sellers") who wish to list products on this service (hereinafter referred to as the "Merchant") who wish to list products on the Service shall follow the procedures prescribed by the Company. In addition to the Terms and Conditions, sellers shall agree to the Merchant Terms and Conditions set forth by the Company and shall use the Service in accordance with the provisions of the Merchant Terms and Conditions.
2. The following are prohibited items for this service. Listing of any item that falls under or may fall under the prohibited items will be considered a violation of these Terms and Conditions, regardless of whether the seller did so intentionally or negligently. List of Prohibited Items >
3. (2) When listing a product, sellers shall not list a product without a genuine intention to sell it, list a product for which the product information alone does not enable a correct understanding of the product or may lead to a false or confusing understanding of the product, or list a product without a sufficient description of the product. In addition,
sellers shall not include images or text that are unrelated to the product being offered for sale.
4. In exhibiting items, sellers must comply with the Antique Dealers Act, the Act on Specified Commercial Transactions, the Consumer Contract Act, the Act Against Unjustifiable Premiums and Misleading Representations, the Unfair Competition Prevention Act, the Trademark Act, the Copyright Act, and other applicable laws and regulations.
5. In the event that we deem an exhibit to be in violation of the Terms or the Merchant Agreement or inappropriate, in addition to the measures stipulated in Article 15, we may cancel the exhibit or any purchases that have occurred in response to that exhibit at our discretion. The Company shall not be liable for any damages incurred by members as a result of actions taken in accordance with this section.
6. The Company shall not be liable for any damages incurred by members (exhibitors or other members) or third parties as a result of exhibits, etc. by exhibitors.
Article 9. Purchase of Merchandise
1. Members shall place orders with the intention of truly purchasing in accordance with the procedures prescribed by the Company.
2. Members may not place orders with no intention to purchase, nor may they place orders that we deem to be for the purpose of mischief.
3. In the event that we are unable to confirm the arrival of the data specified by us, such as product price data and sales intent action data, on our servers within the time available to initiate transactions as specified by us, the order shall become void, and the member shall consent to this in advance.
4. The Company shall not be liable for any damages incurred by members or third parties as a result of orders or purchases made by members.
Article 10. Execution of Payments and Transactions
1. A purchase contract for a specific product is considered to have been concluded when a member who wishes to purchase the product on display (hereinafter referred to as the "Buyer") confirms a purchase request for the specific product on display. A purchase agreement for a specific product is considered to have been concluded when a member who wishes to purchase the product (hereinafter referred to as the "Buyer") confirms his/her purchase request for the product. Neither the Seller nor the Buyer may transfer, offer as security, or otherwise dispose of their rights and obligations arising under the aforementioned contract to any third party.
2. In the event that a purchase agreement is concluded in accordance with the preceding paragraph, the purchaser shall pay to the Company the sum of the product price (including shipping costs), Otsukai usage fees, and PayPal usage fees (hereinafter referred to as the "Total Proposed Price") in accordance with the method specified by the Company. The purchaser shall pay to the Company the total of the product price (including shipping charges), Otsukai usage fees, and PayPal usage fees (hereinafter referred to as the "Total Proposed Price") in the manner prescribed by the Company. The purchaser shall pay the Company the total of the product price (including shipping costs), Otsukai usage fee, and PayPal usage fee (hereinafter referred to as the "Total Proposal Price") in the manner specified by the Company.
3. The PayPal fee is the sum of the PayPal transaction fee and the PayPal exchange fee, multiplied by 8% of the product price.
4. Buyers may be subject to import duties and other taxes according to the laws of their home country.
5. The exhibitor shall ship the merchandise after the total proposed price has been settled by the purchaser. The exhibitor shall ship the merchandise after the member who made the purchase request has completed payment of the expenses related to the purchase of the merchandise.
6. In the event that a dispute arises between an exhibitor, purchaser, or other member regarding a product, the dispute shall be resolved between the members concerned. However, the Company may also enter into consultations at its discretion.
7. In using this service, unless otherwise specified by us, members may not cancel after acceptance of a request, or after ordering products.
8. If a member fails or delays to make a required payment in accordance with this Agreement, we may suspend the member's use of the service without notice to the member, and may take any other measures stipulated in Article 15.
9. Even in cases where a purchase agreement has been concluded between members, if the purchaser fails to pay the total proposed price, delays payment, or if the seller fails to ship the product, or if we deem it necessary, we may cancel said agreement and each request, offer to buy, display, purchase procedure, and request to buy a product at our discretion. We reserve the right to cancel the contract and any request, bidding for purchase, listing, purchase procedure, and purchase request at our discretion.
10. The Company shall not be liable for any damage incurred by a member due to the use by a third party of the payment method or financial institution information entered by the member into the service, or due to the inaccuracy of the information entered, or due
to the Company's implementation or failure to implement measures in accordance with this article.
Article 11. Service Charge and Notification of Sales
1. The seller shall pay to us, in the event of the conclusion of a sales contract for the listed item, an Otsukai usage fee equal to 10% of the price of the item for which the contract has been concluded.
2. The seller agrees in advance that we will collect the Otsukai usage fee by deducting it from the total offer price paid by the buyer.
3. With respect to sales to the Seller, in the event that sales balance exceeds 1000 yen , we shall pay the Seller the balance of the total proposal price paid by the Buyer, less the Otsukai usage fee, PayPal usage fee, and transfer fee, by way of wire transfer on the closing date specified by us. The payment deadline shall be as separately stipulated. Unless otherwise specified, payment shall be due 90 days after the later of the first sales accrual date or the last sales application date (if the 90th day falls on a holiday of a financial institution, the business day preceding such holiday).
4. If the balance of sales to a seller is less than 1,000 yen, we will not be able to transfer funds to the seller because the transfer fee will exceed the amount of sales. In addition, if a member withdraws from membership with sales remaining and the sales balance exceeds 1,000 yen, the Company will transfer the amount to the withdrawing member after deducting the transfer fee, but if the sales balance is less than 1,000 yen, the Company cannot transfer the amount because the transfer fee exceeds the sales amount.
5. If a Seller's bank information is not registered when we make a transfer, we will confirm the bank information with the Seller. If the seller does not provide such information, we will not be able to make the transfer to the seller. If the Company is unable to make a transfer to a Seller because the bank information is not registered, the Company shall not be liable for any default or any other problems arising therefrom.
6. Prices of products displayed on the Service's website are based on Japanese yen or U.S. dollars, depending on the page on which the product is displayed. In such cases, the conversion from US dollars to Japanese yen shall be based on our own rate, and the difference from the actual exchange rate shall be collected by us from the buyer as an Otsukai fee.
7. The Seller shall authorize us to receive payment on its behalf from the payment service providers or collection agencies designated by us for the settlement of payments, etc. The performance of the Buyer's payment obligations under the Purchase Agreement shall be completed when we
receive payment from the Buyer based on the Purchase Agreement between the Buyer and the Seller on the Seller's behalf. The performance of the Buyer's payment obligations under the Purchase Agreement shall be deemed to have been completed when SBI receives payment on behalf of the Buyer under the Purchase Agreement between the Buyer and the Seller. The Seller shall authorize SBI to accept payment of the Purchase Price paid by the Buyer on behalf of the Seller, and the performance of the Buyer's payment obligations under the Purchase Agreement shall be deemed complete when SBI receives payment of the Purchase Price paid by the Buyer on behalf of the Seller under the Purchase Agreement between the Buyer and the Seller. The performance of the Buyer's payment obligations under the Purchase Agreement shall be deemed to have been completed at the time when we receive the payment from the Buyer on behalf of the Seller under the Purchase Agreement between the Buyer and the Seller.
8. The exhibitor agrees to assign its claim for payment of the merchandise to us if required by the merchant agreement for settlement services that we enter into with the settlement service provider or collection agency. We may designate settlement service providers and collection agencies for limited regions.
9. The seller agrees that we may authorize payment service providers and collection agencies to accept payment for goods on our behalf as necessary.
10. Upon receipt of money based on the proxy receipt authority in Paragraphs 5 through 5 above, we will make the necessary payment to the seller in accordance with these Terms and Conditions.
Article 12. Intellectual Property Rights and Content
1. All rights to all materials comprising this service (including the rights stipulated in Articles 27 and 28 of the Copyright Act) The rights to all materials comprising the Service (including the rights set forth in Articles 27 and 28 of the Copyright Act) belong to the Company or to third parties who own such rights. Members shall not acquire any rights to any material in the Service, and shall not engage in any conduct that infringes on any intellectual property rights, including ownership rights, copyrights, portrait rights, publicity rights, or any other rights related to content material without the written permission of the rights holder. The permission to use the Service under these Terms of Use shall not be construed as a license to use the rights of the Company or any third party that owns such rights in relation to the Service.
2. In order for a member to post images or other data (hereinafter referred to as "images, etc.") In order to post images or other data ("Images, etc.") to the Service, you must have the rights to the Images, etc. yourself or obtain permission from the person who has the legal rights to the Images, etc. By posting an image, you represent and warrant all of the following
(i) The member has the right to provide images, etc. to the service.
(ii) No infringement of any third party's rights will occur as a result of the use of the Image, etc. on the Service.
(iii) Agreeing to provide images, etc. to the Service and other Members, and representing and warranting that you will do so.
3. Photos, videos, information, etc. of products posted by members may be freely used by the Company and its designees for the purpose of advertising, operation, research and development, and presentation of the service.
4. The member shall be solely responsible for any and all content (including but not limited to products) transmitted or posted by the member in relation to the service. We do not confirm the contents, quality, accuracy, authenticity, legality, up-to-dateness, usefulness, etc. of such contents. We do not guarantee or assume any responsibility for the contents, quality, accuracy, authenticity, legality, up-to-dateness, usefulness, etc. of such products.
5. Members must judge for themselves the content, quality, accuracy, authenticity, legality, currentness, usefulness, etc., of content (including but not limited to products) that other members transmit or post. Members must judge for themselves the content, quality, accuracy, authenticity, legality, currentness, usefulness, etc., of any content (including, but not limited to, products) transmitted or posted by other members. The Company shall not be liable for any damages incurred by members or third parties as a result of the use of the Company's content.
6. The Company shall not be obligated to back up the contents. If members need to back up their content, they do so at their own expense and responsibility.
Article 13. Disclaimer
1. We do not give any guarantee as to the accuracy, precision, usefulness, reliability, or legality of the information regarding the products handled by the Service.
2. We shall not be liable for any compensation or indemnification for any damages resulting from a violation of these Terms and Conditions.
3. If an import permit or other import-related authorization is required in the destination country or region, the member is responsible for obtaining it at his/her own expense.
4. We are not responsible for any difference in refund amounts due to exchange rate fluctuations when refunding amounts paid via PayPal.
5. If it is found that the damage was caused by our company's intention or negligence through the use of this service, we will compensate up to half of the purchase price of the product for which the sales contract was concluded (however, the maximum amount
will be 50,000 yen). The amount of compensation will be limited to half of the sales price of the product for which the sales contract was concluded (up to 50,000 yen). In calculating the amount of compensation, decimal places shall be rounded down to the nearest whole number.
Article 14. Limitation of the Services
1. Each country or region may have its own regulations regarding imports and exports. Members are advised to check the regulations of each country before placing an order. The Company shall not be liable for any loss or damage incurred by the member due to such import/export regulations.
2. Items containing lithium or lithium-ion batteries cannot be sent to some countries. Members are requested to confirm this by themselves before placing an order or listing an item. Members who wish to order or list products containing lithium batteries or lithium-ion batteries must confirm the details by themselves before placing an order or listing the product. The Company shall not be liable for any loss or damage incurred by the Member due to failure to confirm the contents of the order or listing.
3. If, after shipment of the merchandise, it is discovered that the merchandise falls under the category of prohibited or restricted export items, it will be handled in accordance with the carrier's regulations, and all costs, fees, etc. incurred in the processing will be borne by the member and the Company will not be liable for any loss or damage.
4. In the event of an accident or other damage to a member or a third party caused by an ordered or exhibited product, the member shall be responsible for and bear full compensation, and the Company shall not be liable for any loss or damage.
Article 15. Prohibitions
If a member falls under any of the following items, or if we deem that the member has violated this Agreement or acted inappropriately in light of the spirit of this Agreement, we may, without prior notice, cancel the member's registration, deny or suspend access to all or part of the service, or delete all or part of the related content or information We may take measures such as cancellation of member registration, denial or suspension of access to all or part of the service, or deletion of all or part of the related contents or information without prior notice. We shall not be obliged to explain the reason for such action.
(1) Violation of intellectual property rights such as copyrights, trademarks, and patents, privacy rights, other laws and regulations, these Terms and Conditions, and cautionary items
(2) Infringement on the rights or defamation of the Company, other members, or other third parties
(3) Actions that may have an adverse effect on the sound development of young people and their minds and bodies, and other actions that are offensive to public order and morals.
(4) Actions that cause inconvenience or discomfort to other members or third parties
(5) Reporting false information
(6) Writing or sending harmful programs or e-mails
(7) Unauthorized intrusion into our servers or other computers
(8) Promoting payment methods other than those provided by the Company
(9) Conclusion of a contract regarding the contents available through the Service without using the Service, or solicitation of such a contract.
(10) Directing users to external services
(11) Actions that the Company deems to be identical between the purchaser and the seller
(12)Any act that we deem to be equivalent to any of the preceding items
Article 16. Protection of Personal Information
1. We will use the personal information we collect when you use the Service in accordance with our Privacy Policy (). https://otsukaimangatokyo.freshdesk.com/support/solutions/articles/35000086437 We will strictly manage the personal information we collect when members use the Service in accordance with our Privacy Policy (https://otsukaimangatokyo.freshdesk.com/support/solutions/articles/35000086438-privacy-policy ).
2. Members shall use the Service after reviewing and agreeing to the Privacy Policy.
Article 17. Suspension of the Services
1. We may change or discontinue the Service in whole or in part without prior notice in response to maintenance, inspection, replacement, or malfunction of computers or other information and communications equipment, problems in the operation of the Service, protection of members' personal information, or other needs.
2. We shall not be liable for any loss or damage incurred by the member as a result of the temporary suspension of the service for any of the reasons mentioned in the preceding paragraph.
Article 18. Suspension of Use and Cancellation of Membership Registration
1. If any of the following actions are discovered, we reserve the right to suspend the member's use of the service, delete or cancel the member's registration, or change the
member's ID and password without prior notice. We shall not be liable for any damages caused by these measures.
(1) Violations of laws and regulations or these Terms and Conditions
(2) Fraudulent acts using the Service
(3) If you fail to enter your password a certain number of times (for the protection of members' personal information)
(4) In other cases where we deem it necessary
2. If a member has not accessed the service for a certain period of time, we reserve the right to change the member's ID and password or delete the registration.
3. In accordance with our regulations, each member or corporation shall have one account. In the event that multiple accounts are registered by the Company, the Company reserves the right to terminate the service, cancel the registration, or change the member's ID and password without notice. The Company shall not be liable for any damages caused by this action.
Article 19. Modifications and Abolishment of the Services
We reserve the right to change or discontinue the service as a whole or any part of its functions without the consent of the member. We shall not be liable for any loss or damage incurred by the member as a result of such modification or discontinuation.
Article 20. Modifications of the Rules
1. The Terms of Use may be changed or revised without prior notice to members at the discretion of the Company.
2. In the event that the Terms and Conditions or individual terms and conditions are changed, and the member uses the service after such changes, the changed terms and conditions will apply, and the member will be deemed to have agreed to such changes.
3. Notwithstanding the preceding paragraphs, in the event of a change in content that would require the consent of the member under the law, the consent of the member shall be obtained in a manner prescribed by the Company.
Article 21. Resolution of Troubles
1. In the event that an item is defective or damaged during delivery due to inadequate packaging, the Seller shall, at its own responsibility and expense, refund, take back, repair or replace the item.
2. If there is an obvious discrepancy between the product description and the actual product, the seller shall refund the purchase price to the buyer and we shall cancel the seller's sales.
3. If the seller does not register the tracking number of the item after 4 days from the scheduled shipping date, or if the tracking number is incorrect, the seller shall refund the price of the item to the buyer and we shall cancel the seller's sales.
4. If the tracking number for the item has been verified and the item has arrived, the item is deemed to have arrived. If there is a problem, it is the buyer's responsibility to contact the shipping company.
5. It is the buyer's responsibility to check the tracking number and contact the shipping company if the package is still in transit.
6. If the buyer has not heard from the seller within 27 days after notification of shipment from the seller, the item will be deemed to have arrived. Also, if the seller contacts you and checks the tracking number and it shows "delivered", the item is also deemed to have arrived.
7. If the item has not arrived 20 days after the seller's notification of shipment, please contact us before 27 days have passed after the seller's notification of shipment to inform us that the item has not arrived.
8. If an item is returned due to the seller's failure, the seller shall bear the cost of resending the item.
9. If an item is returned due to a defect of the Buyer and the Buyer wishes to resend the item, the Buyer shall bear the cost of resending the item, and the Seller may make a proposal in addition to the cost of resending the item plus a handling fee to the extent deemed reasonable under socially accepted practices.
10. If an item is returned due to a defect by the purchaser and the seller refuses to resend the item despite the purchaser's request to do so, the seller shall refund the purchase price to the purchaser and we shall cancel the seller's sales.
11. If an item is returned due to the Buyer's failure and the Buyer does not wish to have the item resent, the Seller will not refund the purchase price to the Buyer, we will not cancel the Seller's sales, and the Buyer waives his/her right to receive the item.
12. Any trouble that occurs between members or between a member and a third party in relation to the service (including trouble that occurs under the assumption that the member will use the service in the future) shall be resolved at the member's own expense and responsibility, and we shall not be held responsible. The member shall resolve any problems arising between members or between a member and a third party in relation to the service (including problems arising on the assumption that the
member will use the service in the future) at the member's own expense and responsibility. In the event that a problem arises, it shall be resolved between the parties concerned, and in the event that we suffer damages as a result of such a problem, the parties concerned shall jointly and severally compensate for such damages.
13. In the event that a dispute arises between a member and a third party in relation to the service, including any trouble such as a lawsuit, claim, or demand, the member shall settle the dispute at his/her own responsibility and expense, and the Company shall not be involved in any way in such dispute. The member shall jointly and severally indemnify the Company for any and all costs and compensation, including attorney's fees, incurred by the Company in dealing with such disputes.
14. In the event of a dispute between the Company and a member, the member agrees to jointly and severally bear any and all costs, including attorneys' fees, incurred by the Company in connection with such dispute.
Article 22. Others
In the event that a problem arises that cannot be resolved under these Terms of Use, both parties shall resolve the problem through good faith discussion between the Company and the member.
(Enacted and implemented February 24, 2018)
(Revised effective September 18, 2018)
(Revised effective October 16, 2018)
(Revised effective December 10, 2018)
(Revision effective January 24, 2019)
(Revision effective April 2, 2019)
(Revised on September 1, 2021)
(Revised on July 10, 2023)
(Revised on October 1, 2024)
Addendum
Special Terms of Use For Digital Data Transactions
This "Special Terms of Use for Digital Data Transactions" applies to digital data transactions using the Service, and sets forth the terms and conditions for providing the Service and the relationship of rights and obligations between the Company and its Members with respect to such transactions. Should any conflict arise between the provisions of the Rules (that is to say the Terms of Use, other rules, important notes and otherwise individually provided within the scope of the Services) and the provisions of the Special Terms, the provisions of the Rules shall take precedence over the conflicting provisions. You must read the Rules in their entirety and agree to the Rules when conducting transactions on the Services.
Article 1: (Definitions)
1. "Digital Data" shall mean products handled by the Service that includes text, images, audio, video, and other data. "Digital Data" shall exclude movable property and other tangible objects.
2. "Transaction" shall mean a transaction such as a sale or purchase between Members regarding Digital Data.
3. "Special Terms" shall include Special Terms of Use For Digital Data Transactions, important notes and otherwise individually provided within the scope of the Services.
Article 2: (Special Provisions)
Members shall agree to each of the following items regarding the transactions using the Service. In the event that a Member violates any of the following with respect to the Transaction, the Company shall be entitled to take measures such as revoking the exhibition of the offending digital data or suspending the transaction. Any trouble arising from or in connection with the Services between Members (including troubles arising on the premise of potential transaction) shall be resolved by Member/Members concerned at their risk and cost, and the Company shall not be liable for such trouble.
a. The Digital Data to be traded shall be limited to the range specified by the Company.
b. Only the Exhibiting Member who has been granted an account designated by the Company shall be allowed to sell digital data in this transaction. The Exhibiting Member shall represent and warrant to the Company and the Purchasing Member that the Digital Data to be exhibited does not infringe on any rights of any third party.
c. The Exhibiting Member shall clearly indicate the details of the digital data, including the file format of the digital data, to the Purchasing Member in a form that can be confirmed before the purchase agreement or the purchase consignment agreement for the relevant product is concluded as stipulated in Article 10, Paragraph 1 of the Terms of Use, and the Purchasing Member shall confirm the details of the digital data in advance before making a purchase.
d. The method of delivery of digital data based on the transaction shall be by attaching the digital data to an email and sending it to the email address set by the Purchasing Member by the Service.
e. The digital data based on the transaction shall be considered delivered when the Exhibiting Member sends an e-mail to the e-mail address set by the Purchasing Member on the Service using the method described in the preceding item.
f. The rights transferred to the Purchasing Member under this transaction shall be limited to the ownership of the digital data, and no intellectual property rights such as copyrights shall be transferred.
g. The purchaser may use the purchased digital data only within the scope of private use designated by the Company, and shall not distribute the digital data to third parties, use it for commercial purposes such as making merchandise, or use it in any other way that exceeds the scope of private use described above.
h. If there are any matters specified by the Company other than those specified in the preceding items, members shall agree to such matters.
Article 3: (Storage of Digital Data and Other Information)
The Company shall not be obligated to save any e-mails (including digital data attached to such e-mails) or other information sent or received by the Member for any reason whatsoever. Members shall be responsible for saving such information at their own expense and responsibility, and the Company shall not be liable for any damages incurred by Members in relation to this.
Article 4: (Uploading of Digital Data and Other Information)
In the event that a Member uploads, downloads or otherwise transmits or installs information such as digital data at the start of using the Service or during the use of the Service, the Member shall, at the Member's own expense and responsibility, take sufficient care to ensure that the information held by the Member does not disappear or become altered, or that the Member's equipment does not malfunction or become damaged, etc. The Company shall not be liable for any damage incurred by the Member in connection with this.
Article 5: (Others)
Matters other than those set forth in these Special Terms and Conditions herein shall be governed by the Otsukai Rules (that is to say the Terms of Use, other rules, important notes and otherwise individually provided within the scope of the Services).
Implemented 17 February 2022