1. ACCEPTANCE OF TERMS
Tanaka-san provides buying and auction bidding services under the following User Agreement and Terms of Service («TOS»), which may be updated by Tanaka-san at any time without notice. The Client is responsible for reviewing the most current version of the TOS.
- 1. Tanaka-san means Tanaka-san Shop, which is an online proxy shopping service.
- 2. Tanaka-san is a trademark of Estec Co., Ltd. (エステック有限会社), Japan.
- 3. Client means an individual or a legal entity who has duly registered on the Tanaka-san site (hereinafter referred to as the Website).
- 4. Agreements collectively mean each and every rule and agreement posted on the Website by Tanaka-san including but not limited to this User Agreement and Terms of Service.
- 5. Client's Information means information disclosed to Tanaka-san by any Client.
3. SERVICES PROVIDED BY TANAKA-SAN
Tanaka-san provides Clients with the following services (hereinafter referred to as Services):
- 1. to act on behalf of any Client on request to purchase relevant merchandise through the Website and dispatch it to such Client (hereinafter referred to as Shopping Service), and
- 2. to act on behalf of a Client on request to purchase relevant merchandise through the Website auction system and dispatch it to such Client (hereinafter referred to as Auction Bidding Service).
4. TANAKA-SAN OBLIGATIONS
- 1. With regard to the Shopping Service, Tanaka-san shall make a purchase of relevant merchandise in accordance with the price estimation thereof and arrange its dispatch only after payment from the Client.
- 2. With regard to the Auction Bidding Service, in case of any Client having made a successful bid of certain merchandise through the Website, Tanaka-san shall purchase such merchandise in accordance with conditions therefore and dispatch it to the Client only after payment from the Client.
- 3. Concerning the Auction Bidding Service, due to the payment gateway policies, funds added via WeChat Pay cannot be used to participate in auctions.
5. PROHIBITED ITEMS
The items listed below are not allowed to be purchased using Tanaka-san buying and auction bidding services:
- 1. Items defined as illegal by Japanese law or by the law of the destination country.
- 2. Items that harm public order and morality.
- 3. Any items that might lead to or encourage criminal activity.
- 4. Any dangerous goods, that may be harmful for life and health of human being.
- 5. Any illegal adult products and pornography.
- 6. Any items that promote or encourage violence.
- 7. Any malfunctioning items.
- 8. Living organisms including but not limited to animals, plants, bacteria, viruses, fungus etc.
- 9. Any flammable or explosive goods.
- 10. Cultural heritage.
- 11. Any products that might infringe a third party's intellectual property or harm a third party's honor and privacy.
- 12. Any products that might harm any other rights of a third party.
- 13. Oversized products that might not be shipped due to size/weight restrictions.
- 14. Alcohol, alcoholic beverages, perfume containing alcohol, etc.
- 15. Products prohibited for export.
- 16. Any other items defined as inappropriate by Tanaka-san.
6. PROHIBITED BEHAVIOR
While using Tanaka-san service the customers are prohibited from:
- 1. Buying or bidding on products prohibited by Tanaka-san.
- 2. Engaging in any activities that are in conflict with this agreement and/or other Tanaka-san guidelines.
- 3. Engaging in any activities that might be of harm to Tanaka-san's or Tanaka-san partners' reputation and business operation.
- 4. Any other activity defined as inappropriate by Tanaka-san.
7. DISCLAIMER AND LIMITATION OF LIABILITY
- 1. In connection with the Shopping Service, Tanaka-san makes no representations or warranties regarding, including but not limited to, vendor, quality, non-infringement of rights of any party, reliability and/or legal compliance of the relevant merchandise.
- 2. In connection with the Auction Bidding Service, Tanaka-san makes no representations or warranties regarding, including but not limited to, truthfulness, accuracy or reliability of the content, legal compliance or non-infringement of rights of any party with respect to the relative auction.
- 3. Tanaka-san shall not be liable for any damage whatsoever incurred to Clients caused by any discontinuation, delay, interruption or loss of data due to communication lines and/or system breakdown due to computer failure.
- 4. Tanaka-san shall not be liable for any damage incurred to any Client caused by his/her violation of the Agreements.
- 5. Tanaka-san shall not bear any liability whatsoever for any damage incurred to any Client arising from or in connection with the Services unless otherwise such is caused by intentional negligence by Tanaka-san.
- 1. Any individual or legal entity who has agreed to the TOS can register on the Website.
- 2. Membership registration for an individual shall be applied for by himself/herself and no proxy registrations shall be accepted.
- 3. Membership registration for a legal entity shall be applied for in the name of such entity by its officer or employee who has due authorization.
- 4. Tanaka-san may, at its own discretion, reject any registration application.
Fees, including but not limited to the calculation method and payment terms thereof, shall be in accordance with conditions set forth by Tanaka-san separately, which may be modified or amended by Tanaka-san from time to time.
10. PAYMENT OF FEES
The Client shall make a payment covering the price of the merchandise and relevant fees in advance of Tanaka-san's purchase of such merchandise.
11. STORAGE OF MERCHANDISES
- 1. Tanaka-san charges no storage fees to Clients for the period of 60 calendar days after the merchandise purchased in connection with the Services is delivered to Tanaka-san.
- 2. If, however, aforesaid storage period exceeds 60 days, the respective Client shall pay storage fee of 30 yen per day for every item.
- 3. In case aforesaid section is applicable, the respective Client shall pay a storage fee prior to Tanaka-san's dispatch of such merchandise for which a storage fee has incurred.
- 4. If Tanaka-san's storing period of any merchandise purchased in connection with the Services exceeds 90 calendar days after its delivery to Tanaka-san, the respective Client shall lose all rights on the purchase of such merchandise.
12. ORDER CANCELLATION
The Client cannot cancel an order after the merchandise has been purchased.
13. REFUND POLICY
Tanaka-san doesn’t accept returns and does not make refunds for purchased items.
14. TERMINATION OF MEMBERSHIP
Any Client may, if he/she wishes, terminate membership only by himself/herself pursuant to procedures on Website. Upon completion of such termination procedures, the relevant Client loses the status as a Client.
15. CANCELLATION OF MEMBERSHIP
- 1. Tanaka-san may suspend the use of Services by any Client, change his/her ID and password, and terminate his/her status as a Client, if any Client: has given false information at the time of membership registration or gives such false information when using the Services, violates laws and regulations or the TOS, participates in dishonest conduct in using the Services, makes mistakes inputting their password over the permitted number of times or does other actions that may cause Tanaka-san to take necessary measures to ensure security of the respective Client.
- 2. Tanaka-san disclaims any liability whatsoever for any disadvantage or damage incurred to any respective Client whose membership is canceled or suspended.
16. CHANGES OF SERVICES
Tanaka-san may, at its own discretion, with or without prior notice to Clients, change or delete the whole or parts of the Service at any time.
17. CHANGES OF TOS
- 1. Tanaka-san may, at its own discretion, alter, change, amend or modify parts of the TOS from time to time without any prior notice. Such alteration, change, amendment and/or modification shall be effective upon posting of such on the Website.
- 2. Upon any Client's use of Services after such alteration, change, amendment and/or modification, he/she is deemed to have agreed to terms and conditions of altered, changed, amended and or modified TOS.
- 1. Conclusion, effectiveness, construction, enforcement and/or conflict resolution of the TOS shall be governed by the laws of Japan, whereby United Nations Convention on Contracts for International Sale of Goods shall not apply.
- 2. Clients and Tanaka-san hereby agree to submit to the exclusive jurisdiction of the district court situated in Tokyo, Japan for the first instance for resolution of any dispute arising from or in connection with the TOS. Clients and Tanaka-san further agree that any other courts or dispute resolution institutions have no jurisdiction therefore.
- 3. Clients and Tanaka-san shall perform their obligations set forth in the TOS until relevant dispute is duly resolved.
19. DISCONTINUATION AND SUSPENSION OF SERVICES
- 1. Tanaka-san may, without prior notice to Clients, temporarily discontinue Services in case of: regular or urgent maintenance of the system and relevant equipment necessary for providing the Services, interruption, including but not limited to, in communication lines and/or power supply deployed by Tanaka-san, actual or threatened earthquake, typhoon, flood, tsunami or other acts of god causing emergency situation; laws, regulation and/or government instructions requiring such limitation in communication; or otherwise Tanaka-san at its discretion deciding that such discontinuation is necessary, or failure to provide Services due to technical reasons.
- 2. Tanaka-san disclaims any liability whatsoever for damage incurred to Clients caused by any such delay or temporary discontinuation.
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