TERMNS AND CONDITIONS
Chapter 1 General rules
Article 1 (Scope of application and changes of this agreement)
1. This system terms of use (hereinafter referred to as "Terms") is an auction site "weber auction" (hereinafter referred to as "Service") operated by weber Co., Ltd. (hereinafter referred to as "our company"). .) ID holder (defined in Article 2, Paragraph 2).The same applies below. ), Account services using the Internet system, vintage T-shirts, general used clothing or other products (including but not limited to new and used products).Hereinafter referred to collectively as "products, etc." ) Provides details about transactions, etc.
2. Chapters 2 and 3 of this Agreement shall be defined by ID holders and online auction system users (Chapter 3).The same applies below. ) Is applied in common. In addition, ID holders and online auction system users must comply with the provisions of each chapter of this agreement to which they apply, and when they browse this service, they are deemed to have agreed to this agreement. ..
3. Those who view this service and the images, texts, designs, logos, videos, programs, ideas and all other information (hereinafter collectively referred to as "contents") that compose it, and others are subject to application under this agreement. All persons (all include corporations).Hereinafter, they are collectively referred to as "users". ) Shall comply with this agreement, and if you browse this service, you are deemed to have agreed to this agreement.
4. The Company may change this agreement at the discretion of the Company if any of the following items apply.When changing this agreement, the effect of changing this agreement and the content of this agreement after the change and its effective date will be posted on this service for a considerable period until the effective date of this agreement after the change, and other matters separately determined by the Company. Notify the user by the method.
(1) When the change of this agreement is in the general interest of the user
(2) The change of this agreement does not violate the purpose of the contract and is rational in light of the necessity of the change, the appropriateness of the changed content, the content of the change and other circumstances related to the change. case
5. If the user uses this service after the effective date of the changed Terms, the user shall be deemed to have agreed to the changed Terms.
6. If all or part of this agreement is changed, only the changed agreement will be applied to the user and our company regarding the use of this service, and the user and our company will follow only the changed agreement. increase.
Chapter 2 ID registration and service use
This chapter defines the details of ID registration and services using the Internet system provided by the Company.Persons who intend to register their IDs using the Internet system provided by the Company and ID holders (defined in Article 2) shall comply with this agreement.
Article 2 (ID registration, change, withdrawal, cancellation, etc.)
1. A user who wishes to register an ID for the Service (hereinafter referred to as "ID Registration Applicant") shall, upon agreeing to these Terms and Conditions 1. a user who wishes to register an ID for the Service ("ID Registration Applicant") shall, upon agreeing to these Terms of Use, set and enter his/her gender, date of birth, postal code, e-mail address, and password (hereinafter collectively referred to as "Identification Information") on the ID registration page of the Service in accordance with the method separately specified by the Company; and In addition, when purchasing products through the Service, you shall also set and enter your name, address, and telephone number, and apply for ID registration (hereinafter referred to as "ID Application"). (2) Minors, adult wards, and persons under the age of 18 shall not use the Service. Minors, wards of legal age, persons under curatorship, and persons under assistance may not apply for IDs if they have not been set up and entered by their legal representatives or if they have not obtained the prior consent of their legal representatives. The Company shall handle and store personal information and identification information provided by users in accordance with the Company's Privacy Policy.
2. When an ID application is made from a personal computer, tablet terminal or smartphone, the Company shall approve the ID application when the ID registration applicant presses the ID registration button, and shall be deemed to have received the approval. .. (Hereinafter, those who have received the approval are referred to as "ID holders".)
3. Notwithstanding the provisions of the preceding paragraph, the Company may not approve the ID application if it is found to fall under any of the following items.
(1) When the ID registration applicant has been canceled or otherwise disposed of by violating the terms of service currently provided by the Company or provided in the past, or for other reasons.
(2) When the content provided to us by the ID registration applicant when applying for an ID contains false information
(3) The person who wishes to register an ID has not paid any fees or other payments for the services currently provided by the Company or provided in the past (fees and other fees to a third party in accordance with the payment method separately approved by the Company). (Including, but not limited to, non-payment) or if you have been unable to receive the product for a long period of time, refused to return or exchange it, or otherwise defaulted.
(4) When a person who wishes to register an ID has performed the acts stipulated in Article 31 in the past.
(5) When the person who wishes to register the ID violates Article 33, Paragraph 1.
(6) When the Company reasonably determines that there is a risk of falling under each of the above items.
(7) When the Company reasonably determines that it is inappropriate for the operation or management of this service to approve other ID applications.
4. The ID holder shall immediately change the registered contents by the method specified separately by the Company when all or part of the name, address, telephone number and other contents registered in the Company are changed. ..
5. The Company shall have damages, losses, costs and disadvantages (hereinafter referred to as "damages, etc.") incurred by the ID holder due to or in connection with the fact that the ID holder did not change the registered contents in accordance with the preceding paragraph. .) Will not be liable for damages, compensation, compensation or any other liability.
6. ID holders can withdraw at any time through procedures separately determined by the Company.Members shall lose their membership qualification when the Company receives a withdrawal application from the member in accordance with this agreement.
7. If the ID holder is found to fall under any of the following items, the Company will suspend the use of this service for the ID holder without prior notice or notification to the ID holder. It is possible to cancel the ID registration and take other measures that the Company deems appropriate.The Company shall not be liable for damages, compensation, compensation or any other liability for damages incurred by the ID holder due to the measures set forth in this section, except in cases of intentional or gross negligence of the Company.
(1) If you have been suspended from use, canceled your membership registration, or otherwise dismissed due to a violation of the terms and conditions regarding the services that we currently provide or have provided in the past, or for other reasons.
(2) When the content provided to us contains false matters
(3) No money has been paid for the services that the Company currently provides or has provided in the past (the money has not been paid to a third party in accordance with the payment method separately approved by the Company). However, this is not the case.) Or if the product has been unacceptable for a long period of time, refused to be returned or exchanged, or otherwise defaulted.
(4) If you violate this agreement (including minor violations) (including, but not limited to, violations of Article 31 and Article 33, Paragraph 1)
(5) When the ID holder has not logged in with the ID holder's ID for the last year
(6) If the ID holder violates any of the rules set by the Company
Article 3 (Management of ID and password)
1. The ID holder shall strictly manage and store his / her own ID, e-mail address and password (hereinafter collectively referred to as "login information") used for logging in to this service at his / her own risk.
2. The ID holder shall not allow a third party to use or transfer, sell, succeed, lend, disclose or leak his / her login information.
3. The ID holder shall immediately contact us if it is found that his / her login information has been used illegally by a third party, and shall follow the instructions given by us.
4. If the login information sent in connection with access to this service is the same as the login information registered with us when applying for ID registration or changing the login information after ID registration, we will contact you. It is considered to be a transmission.
5. The ID holder himself / herself shall be responsible for insufficient management of his / her login information, mistakes or inadequacy in use, unauthorized use by a third party, or other damages caused to the ID user due to or in connection with the violation of this Article. The Company shall be liable and shall not be liable for damages, compensation, compensation or any other liability except in the case of intentional or gross negligence of the Company.
Article 4 (Bid application and its status / successful bid information)
ID holders can check information on bids for auctions held on this service. again,
You can check the successful bid results of online bids for past auctions entered from this service.
Article 5 (Registering products as favorites)
ID holders can register the products of the next auction as favorites from this service. In addition, sellers of products registered as favorites, product images, product comments, start prices, start / end times, sizes, product conditions, number of watchlists, and other information (hereinafter collectively referred to as "product information"). You can browse from the favorites screen. In addition, after the auction where the favorite product etc. is put up, the winning bid price of the product etc. registered in the favorite is displayed, and the image may be hidden in some cases.
Chapter 3 Online Auction Terms
This chapter stipulates the details of transactions, etc. in auctions of products, etc. using the online auction system, which is the Internet system provided by the Company (hereinafter referred to as "online auction"). A person who holds an ID and entrusts the sale of products, etc. to the Company (hereinafter referred to as "sales consignor"), and a person who holds an ID and wishes to purchase products, etc. at an online auction (hereinafter, "" "A person who wants to buy an online auction"), a person who holds an ID and makes a successful bid for a product, etc. in an online auction (hereinafter referred to as "the successful bidder of an online auction"), a WEB page where an online auction is held, and this. Those who browse the constituent contents (hereinafter collectively referred to as "online auction site") and those who are subject to the application in this chapter (all include corporations, hereinafter collectively referred to as "online auction system users". ) Shall comply with this agreement. When an online auction system user browses an online auction site, the online auction system user is deemed to have agreed to this chapter.
Article 7 (sales consignment)
1. The sales consignor shall apply for consignment of sales of products, etc. in accordance with this agreement and the sales consignment contract separately determined by the Company. The Company may decline the application for the sales consignment.
2. The sales consignor guarantees that the Company has complete ownership of the products, etc. related to the sales consignment, or has the authority to consign sales based on the complete ownership.
3. If the Company determines that the products, etc. related to the sales consignment are inappropriate for the online auction, or if the sales consignor does not follow the instructions of the Company, the sales consignment will be made at any time before or after the consignment. You can reject or cancel your application.
4. The sales consignor cannot cancel the sales consignment application after concluding the sales consignment application with the Company.However, if the Company agrees to cancel and the sales consignor pays the damages separately determined by the Company to the Company, the application for the sales consignment can be canceled.
5. If the application for sales consignment is canceled, or if the examination is not approved and the Company has already received the products, etc. related to the sales consignment, the products, etc. will be returned at the expense and risk of loss of the sales consignment. Suppose you can.
Article 8 (minimum selling price)
1. The sales consignor can set the desired minimum selling price (hereinafter referred to as the "minimum selling price") as the selling price of the products, etc. that have been consigned to the Company in Japanese yen.
2. If a minimum selling price is set, the Company will sell the consigned products, etc. at a price lower than the minimum selling price, unless otherwise agreed between the Company and the sales consignor. Suppose not. If the consignor does not set a minimum selling price, you can sell the item without setting a minimum selling price.
3. The minimum selling price once set cannot be changed without the consent of the Company.
Article 9 (online products)
The Company has passed the examination separately determined by the Company (hereinafter referred to as "online product") among the products, etc. that the sales consignor has outsourced to the Company through the online auction, and the online auction in the name of the Company. Sell by the method of. In addition, the Company shall not be obliged to disclose or disclose the criteria, method and contents of the examination of products.
Article 10 (Posting of online product information)
1. While the online product is being put up for sale in the online auction (hereinafter referred to as the "online auction period"), the image, product comment, minimum selling price, starting price, etc. of the online product are displayed on the online auction site. Start / end time, condition, size, number of watchlists, and other product information (hereinafter collectively referred to as "online product information") are posted. In addition, we shall take the product image of the online product, input and measure the product comment, and post the online product information.
2. The Company shall, at its discretion, set the start and end of posting of online product information on the online auction site.We are not responsible for the start or end of posting.
3. At our discretion, we may stop posting online product information on the online auction site or change the posted content without prior notice.The Company is not responsible for the cancellation of the publication or the change of the posted content.
4. Online auction system users shall check the online product information and status, etc. by browsing the online product information posted based on paragraph 1 at their own risk.
5. The online product information posted on the online auction site is intended to be used as reference material for those who wish to purchase the online auction.We do not guarantee the truthfulness and accuracy of online product information, and we are not responsible for any indistinctness of images of online products posted on online auction sites.
Article 11 (Current price and bidable price)
1. During the online auction period, we will start the online auction at the discretion of the sales consignor for the current highest price for each online product that is being bid on by the person who wants to buy the online auction. It will be the price set as the current price.Hereinafter referred to as "current price". ) And the lowest price that can be bid by the person who wishes to purchase the online auction (the price exceeds the current price, hereinafter referred to as the "bid price") shall be announced on the online auction site.
2. The consignor may, at the discretion of the consignor, set a price below the minimum selling price of the online product as the current price and bidable price of the online product.
3. The current price and bidable price in Paragraph 1 are displayed in Japanese Yen and other currencies. In addition, the sales contract of the successful bid online product concluded between the successful bidder of the online auction and our company is made in Japanese yen.
4. The Company does not guarantee that the contents of the current price and bidable price are true and accurate, and these indications are not true or inaccurate. The Company shall not be liable for any damages caused to the users of the online auction system due to the cause, except in the case of intentional or gross negligence of the Company.
5.
Article 12 (Unpublished sales consignor name, etc.)
The Company shall not disclose the name of the consignor of the online product (however, excluding the publication in a form different from the real name such as the nickname when registering the ID) and the minimum selling price.However, this does not apply if the Company decides to publish at its discretion with the consent of the sales consignor.
Article 13 (Auction period)
1. The name of the sales consignor, at its discretion, sets the online auction period for each online product, and the Company shall publish it on the online auction site.
2. Notwithstanding the preceding paragraph, if an offer to purchase an online product is made between 10 minutes before the end of the online auction period set by the consignor name and the end of the online auction period, the Company shall apply. , The online auction period of the online product shall be extended by 5 minutes from the end date and time of the online auction period set by the consignor name, and the same shall apply thereafter. If the online auction period is extended based on this section, this agreement shall be applied with the extended period as the online auction period.
Article 14 (offer to purchase)
1. During the online auction period, the person who wishes to purchase the online auction can purchase the online product on the online auction site by entering the ID and password from the predetermined login screen on the online auction site and logging in to the online auction site. It shall be possible to make an offer.
2. Online auction purchase applicants can purchase online products on the online auction site screen (hereinafter referred to as "online auction screen") that displays the online product information, current price, bidable price, etc. of the online product. Enter the desired purchase price in the desired purchase price column (hereinafter referred to as the "desired purchase price column") displayed above, and the bid button (hereinafter referred to as the bid button) displayed on the online auction screen. By clicking the "online bid button"), you will be offered to purchase the online product at the relevant price. Before the person who wants to buy the online auction enters the desired price, the bidable price is automatically entered and displayed in the desired price field, but the person who wants to buy the online auction is concerned. You can also enter a price higher than the list price in the desired purchase price field.
3. Online auction When a person who wants to purchase a bid enters the desired purchase price in the desired purchase price field, he / she can bid according to the unit of the desired purchase price specified by the Company (hereinafter referred to as the "purchasable unit"). You must enter a value that is greater than or equal to the value. If the person who wishes to purchase the online auction enters the desired purchase price that does not match the unit that can be purchased, the offer for the purchase will be invalid.
4. Once the online auction purchase applicant clicks the online bid button, the online auction purchase applicant will be able to purchase the online auction regardless of the reason such as erroneous operation by the online auction purchase applicant or other third party. The offer cannot be canceled and the person wishing to purchase the online auction shall not object to this.
5. Online auction purchase applicants may offer to purchase online products only in Japanese Yen, and may not offer to purchase in other currencies.
6. After the online auction purchase applicant clicks the online bid button, when the fact of the click and the desired purchase price entered at the time of the click reach the Company, the online auction purchase applicant It is assumed that an offer to purchase online products has been made to the Company at the desired purchase price.
7. Online auction purchase applicants shall check the status of their purchase offer on the online auction screen at their own risk.
8. Multiple persons may not make a single purchase offer under the joint name.
Article 15 (Automatic entry of purchase offer)
1. Online auction purchase applicants reach the predetermined upper limit of the desired purchase price (hereinafter referred to as "automatic bid upper limit") for the online products they wish to purchase on the online auction screen. , If your offer to buy expires due to a higher offer to buy from another online auction applicant, you will immediately be able to buy yourself at the bid price at that time. As a result, you can set the usage of the function that automatically makes a purchase offer (hereinafter, this function is referred to as "automatic input function").
2. Those who wish to purchase an online auction shall set the automatic input function at their own risk. In addition, if the online auction purchase applicant is set to apply the automatic input function, the setting cannot be withdrawn, canceled or changed.
3. Online auction purchase applicants can set the automatic bid limit only in Japanese Yen. In addition, those who wish to purchase online auctions must comply with the units available for purchase when setting the maximum amount of automatic bidding.
4. If a purchase offer is made by the automatic input function, the purchase offer cannot be canceled regardless of the reason such as erroneous operation by the online auction purchase applicant or other third party. Those who wish to purchase an online auction shall not object to this.
Article 16 (Expiration of purchase offer)
The purchase offer expires in the following cases:
(1) When a higher purchase offer is made
(2) When the current price of the online product does not reach the minimum selling price and the online auction ends.
(3) When we suspend the online auction
(4) When we violate laws and regulations, this agreement and matters specified by our company
Article 17 (When the sales contract for online products is established)
If the person who wants to buy the online auction wins the bid for the online item (when he / she becomes the successful bidder of the online auction), the fact is sent when it becomes available on the online auction site used by the successful bidder of the online auction or from us. The winning bid will be set between the online auction winning bidder and the Company at the earlier of the time when the e-mail indicating that the online item was sold by the online auction winning bidder reaches the online auction winning bidder. It is assumed that a sales contract for buying and selling online products is concluded. If the sales contract is not concluded, the products, etc. can be returned at the expense and risk of the sales consignor.
Article 18 (exhibition fee)
The sales consignor shall pay the Company the listing fee and the consumption tax for these items, which are separately determined, regardless of whether or not the sale is completed at the auction.
Article 19 (Payment from our company to the sales consignor)
Unless otherwise agreed with the sales commissioner, the Company shall set the final day within 30 days from the date of the online auction (however, if the final day of this period is not a business day, the next business day shall be the final day. ) From the winning price, the listing fee, the consumption tax on the fee (however, if the sales consignor is a non-resident in Japan, the consumption tax is excluded), and if other replacements occur, the amount is deducted. Shall pay.However, if the payment of the total amount billed to the Company from the online auction successful bidder of the consignment product (which shall have the meaning specified in Article 25, Paragraph 1) is delayed, the Company will pay from the online auction successful bidder. You can defer payment to the consignor until is confirmed. The consignor cannot claim interest, damages, damages, etc. from the Company for this delay.
Article 20 (arbitrage of disputes)
Any dispute regarding the procedure at the time of holding an online auction between the online auction purchase applicants or between the online auction purchase applicant and the Company shall be decided by the Company at its discretion, and the online auction purchase applicant shall be concerned. You must obey the ruling.
CHAPTER 4 GENERAL PROVISIONS
Article 21 (Condition of this product, etc.)
Since the products, etc. offered for auction (hereinafter referred to as "this product") are not new due to their nature, they are put up for auction and sold as they are, and we are a member of this product. We are not responsible for any stains, scratches or other defects, defects, or deterioration over time. The auction system user shall confirm the information of the products to be put up for auction by the online auction screen or other means.
Article 22 (Selection of payment method and delivery method)
1. The successful bidder of the online auction shall be within 5 days from the date corresponding to the end of the online auction period (hereinafter referred to as the "online auction end date") (however, if the last day of this period is not a business day). On the next business day), the invoiced amount (meaning specified in Paragraph 2 of the next article) shall be applied on the online auction site.The same shall apply hereinafter. ) Payment method (hereinafter referred to as "payment method") and delivery method of the winning bidder (hereinafter referred to as "delivery method") are selected, and the method specified by the Company is used through the online auction site. We will notify you of the results of that selection.
2. The successful bidder of the online auction shall be able to select the payment method by wire transfer, credit card payment or PayPal payment. The details of each payment method are as described in each of the following items.
(1) Method by transfer remittance
If the person who bids online becomes the winning bidder (hereinafter collectively referred to as the "successful bidder of the auction system"), the payment period (the first item of the next article) will be applied to the bank account separately designated by the Company. It shall have the meaning specified in the section.) The transfer shall be made so that the payment will be made within. The transfer fee shall be borne by the highest bidder of the auction system.
(2) Credit card payment or PayPal method
Auction system The winning bidder decides on a credit card immediately after selecting a payment method.
Enter the information required for payment by PayPal on the web page.
You can also enter the information necessary for payment such as the registration card information and e-mail address and perform the payment procedure.
Suppose.
In addition, the credit card that can be used by the winning bidder of the auction system as a means of payment of the billed amount.
Cards are limited to cards in the name of the winning bidder of the online auction.
Article 23 (Payment of billed amount)
1. The successful bidder of the auction system means the day excluding the holidays stipulated in the law on Saturdays, Sundays and national holidays to the Company from the end date of the online auction or the end date of the auction.The same applies below. ) Within (hereinafter, this period is referred to as the "payment period"), the billing amount stated in the e-mail sent from us to the successful bidder of the auction system after a successful bid in Japanese yen (hereinafter, "billing amount"). You must pay by the payment method specified in the preceding article.
2. The successful bidder of the auction system will tell the Company the total amount of the winning bid, shipping fee, settlement fee, and consumption tax for these (hereinafter, this total amount is referred to as "billing amount") in Japanese yen within the payment period. You must pay by the payment method you choose. In addition, the transfer fee for transfer remittance shall be borne by the highest bidder of the auction system.
3. When the winning bidder of the auction system pays the billed amount by Wise or PayPal, there is a dispute (trouble, complaint, etc.) between the successful bidder of the online auction and the credit card company or the replacement agent, etc. Includes any litigation or other dispute or dispute before or outside the court.The same applies below. ) Occurs, it shall be resolved by the responsibility and expense of the successful bidder of the online auction.
Article 24 (Risk of Loss and Transfer of Ownership)
1. The auction system successful bidder shall bear the risk of loss, loss, theft, damage, stains and all other risks of this product due to reasons that cannot be attributed to the Company after the conclusion of the sales contract, and the auction system successful bidder will charge. I cannot avoid paying the amount.
2. After the auction system successful bidder has paid off the total amount billed, the ownership of this product will be transferred to the auction system successful bidder when the Company delivers the product to the auction system successful bidder.
Article 25 (delivery)
1. The Company shall be within 10 days from the date when the winning bidder of the auction system completes the payment of the invoiced amount (however, if the last day of this period is not a business day, it shall be until the next business day.Hereinafter, this period is referred to as the "delivery period". ), The product sold by the auction system successful bidder shall be delivered according to the delivery method selected by the auction system successful bidder.However, in addition to the amount billed by the winning bidder of the auction system, other debts that have reached the performance period to the Company (hereinafter, the billed amount and all debts to the Company that have reached the performance period are referred to as "total billing amount". If you bear.), We shall not be required to deliver this product to the winning bidder of the auction system until all payments of the total amount billed have been fulfilled.
2. If the auction system successful bidder chooses delivery by delivery as the delivery method, the Company has determined that it is a carrier who has been duly authorized by the Company or the auction system successful bidder according to the procedures prescribed by the Company. At that time, this product shall be delivered to the carrier concerned. In addition, even if damage occurs due to the acquisition of this product by a third party other than the winning bidder of the auction system even though the company has gone through the procedures prescribed in this section, the company will do so. We do not take any responsibility.
3. We are not responsible for any accidents (loss, loss, theft, damage, stains, etc.) after the delivery of this product is completed. In addition, even if we arrange a carrier or pack this product at the request of the highest bidder of the auction system, we will not consider the accident regardless of the selection of the carrier and the state of packing. We are not responsible. The successful bidder of the auction system shall take measures such as insuring the collection of this product at his / her own risk and expense.
4. After delivery of this product, unless the Company has intentional or gross negligence, the successful bidder of the auction system will insist that the successful bid product is different, damaged or damaged, or the successful bid product is different, damaged or damaged. It is not possible to cancel the sales contract or make any other claims due to damage.However, this shall not apply if the Company mistakenly delivers a product different from the winning bidder to the auction system successful bidder, and the auction system successful bidder promptly returns the delivered product to the Company. Suppose.
5. If the successful bidder of the auction system cannot pick up the product within the delivery period, he / she shall bear the cost required for storage of the product designated by the Company from the end of the delivery period to the time of pick-up.
Article 26 (Stolen goods, lost property, etc.)
1. Prior to the delivery of this product to the winning bidder of the auction system, there was a request for return of this product from a person who claims to be the genuine owner, regardless of whether it is stolen, lost, inherited, or any other cause. In the event that the product is found to be a prohibited item (including the prohibition of possession) as required by law, the Company shall be able to cancel the sales contract for the product without notice. .. In this case, the Company shall refund the invoiced amount without interest when it has been paid by the auction system successful bidder, and the auction system successful bidder shall not be able to claim damages or other claims against the Company. increase.
2. The antique business law (Act No. 108 of 1945, including subsequent amendments) The police chief, etc. ordered the Company to store the product pursuant to the provisions of Article 21, and the end date of the storage period is the delivery period. When it arrives after the expiration of the item, the Company will not deliver the product until the end of the storage period, and Article 25, Paragraph 1 states that "within 20 days from the date when the payment of the invoice amount is completed". It shall be read and applied as "within 3 days from the end date of the period ordered by the police chief, etc.". For this reason, the Company shall not be liable for any damages caused by the delay in delivery.
Article 27 (default of successful bidder's debt)
If the winning bidder of the auction system does not pay the total amount billed within the payment period, the provisions of each of the following items shall be followed.
(1) The auction system successful bidder must pay 14.6% of late damages per year for the unpaid balance of the billed amount (excluding consumption tax) from the day after the payment deadline until the full payment is completed. Must be.
(2) If we notify the winning bidder of the auction system to pay the total amount billed but do not pay, we can cancel the sales contract.However, if the notice sent to the auction system successful bidder is returned without a recipient or unknown, or if the auction system successful bidder refuses to receive the notice, the Company shall cancel the sales contract without notice. The sales contract shall be canceled when the Company sends a cancellation notice to the winning bidder of the auction system.
(3) If the sales contract is canceled by the previous item, the Company will re-submit this product to the auction hosted by the Company without setting the minimum selling price, or sell it to a third party (hereinafter referred to as "third party sale"). It is said that it can be done. In this case, if the amount obtained by the Company through the auction or the sale to a third party is less than the invoiced amount of the canceled sales contract, the successful bidder of the auction system will contact the Company for the difference and the date of establishment of the canceled sales contract. From to the date the payment is completed, you must pay the late damages of 18% per year (14.6% per year if the Consumer Contract Law applies). Even if the amount obtained by the Company through an auction or sale to a third party exceeds the amount billed for the canceled sales contract, the successful bidder of the auction system cannot claim the difference.
Article 28 (Guarantee of authenticity)
1. An online auction purchase applicant (hereinafter referred to as "auction system purchase applicant") shall make an offer to purchase this product at his / her own risk and judgment, and the Company shall make any request for the authenticity of this product. We do not guarantee.
2. Notwithstanding the provisions of the preceding paragraph, it was found on our auction site that this product is a counterfeit product such as a copy product or a fake brand product (hereinafter referred to as "authenticity"), and our company When the authenticity is recognized, the Company will cancel the sales contract at the request of the successful bidder of the auction system and refund the invoiced amount in exchange for the return of the product, only if all of the following conditions are met. To do.However, the Company shall not be liable for anything other than refunding the invoiced amount, and shall not bear any interest or compensation for damages.
(1) Within 3 years from the end date of the online auction or the end date of the auction in which the product was sold, and within 3 months from the time when the successful bidder of the auction system becomes aware of the authenticity of the product (consumer contract). Within one year if the law is applied), the online auction period, product number, with objective and rational grounds that we can convince that it is a counterfeit product such as a copy product or a fake brand product. , Invoice us in writing stating the winning bid. In addition, the person who can make this request shall be limited to the successful bidder of the auction system, and this right of the successful bidder of the auction system cannot be transferred to a third party and cannot be used as collateral.
(2) The successful bidder of the auction system transfers the complete ownership of this product to us and hands over this product to us in the state at the time of the auction etc.
Article 29 (Commitments)
Before using the auction system, the auction system user must consent to the following items in advance and shall not make any objection to them.
(1) The auction system user shall auction only within the scope of the intended purpose of the auction system in accordance with all laws and regulations related to the auction system (hereinafter collectively referred to as "laws, etc.") and this agreement. The system shall be used, and the use of the auction system, including browsing the auction site, shall be the responsibility of the auction system user.
(2) The auction system user shall comply with the laws and regulations and this agreement, and if the laws and regulations and this agreement are violated, the Company will revoke the ID and password without prior notice to the auction system user. And the ability to immediately suspend or terminate the use of the auction system
(3) Intellectual property rights (copyrights, trademark rights and all other intellectual property rights) related to all content that can be displayed or acquired on the auction site, and are collectively referred to as "intellectual property rights" below. .) Belongs to the Company or other legitimate right holders, and the intellectual property rights are not transferred to the auction system users by using the auction system.
(4) Do not reprint or divert the content displayed on the auction site without our permission.
(5) The Company records the timing of the offer to purchase the Product by the auction system user, the history of the product, the bid amount, the bid result, etc. that were the subject of the offer, and the history related to the use of the auction system ( Collecting and storing (hereinafter referred to as "usage record")
(6) The Company shall not respond to requests for viewing, disclosure, change or deletion of usage records from auction system users unless there is a justifiable reason.
(7) The Company may dispose of or delete the usage record at the discretion of the Company as long as it does not violate laws and regulations.
(8) The Company may suspend or terminate the provision of all or part of the services of the auction system without prior notice to the auction system users in the event of any of the following reasons.
(1) Equipment, equipment, lines, etc. for providing services related to the auction system due to reasons not attributable to us, such as natural disasters, civil war, riots, serious epidemics, and other unforeseen circumstances (hereinafter referred to as "necessary equipment, etc." When a failure occurs in)
② When performing maintenance necessary for maintenance and maintenance of necessary equipment, etc.
③ When the appropriate service cannot be received from the telephone company or provider with which the Company has a contract.
④ When system operation becomes difficult due to system failure, unauthorized access from a third party, computer virus infection, etc.
⑤ When a request is made by the establishment, revision or abolition of laws and regulations, or by an administrative or judicial body based on reasonable grounds.
⑥ When the Company decides to suspend or terminate the provision of services related to the auction system at the discretion of the Company.
⑦ When the Company determines that it is unavoidable to stop or stop the system.
(9) When the ID and password are used by another person to log in to the auction site and use the auction system, the Company considers that the ID and password are used by the auction system user to which the ID and password are assigned. To do
(10) Any dispute (trouble, complaint, litigation or any other judicial or extrajudicial) that arises between the auction system user and a third party other than our company due to the use of the auction system, including acts on the online auction site. All disputes or disputes) shall be resolved at the responsibility and expense of the auction system user.
Article 30 (Disclaimer)
The Company shall not be liable for any damages, etc. of the auction system user caused by the following matters, except in the case of intentional or gross negligence of the Company, and the auction system user shall not be liable for this. I agree.
(1) Due to inadequacy, malfunction, malfunction, unauthorized access and modification of the data to be sent and received, and other reasons, in Articles 13 and 14 of the auction system purchase applicant and the equipment, system, communication line, etc. used by the Company. When the auction system purchase applicant cannot participate in the auction because the procedures related to the prescribed auction advance offer have not been performed normally, or the auction advance offer has not reached our company.
(2) Due to inadequacy, malfunction, malfunction of auction system users and equipment, systems, communication lines, etc. used by the Company, unauthorized access and modification of the data sent and received, and other reasons, the offer for purchase through the System is normal. If not done or if the offer to buy is not reflected in a timely and accurate manner at the auction
(3) During the auction, this product at the auction site may be due to defects, malfunctions, malfunctions, unauthorized access or alteration of the data sent / received, etc. When the status of the auction of the desired purchase price is not reflected in a timely and accurate manner.
(4) When the use of the auction system causes defects, malfunctions, malfunctions, unauthorized access or modification of the data sent / received, etc., in the equipment, system, communication line, etc. used by the auction system user.
(5) When the provision of all or part of the services of the auction system is suspended or terminated due to the reason prescribed in item 7 of the preceding article.
(6) When damage occurs to the auction system user due to the use of the WEB page linked from the content and the content that composes it.
(7) When the auction system user logs in to the auction site by using his / her own ID and password by another person and uses the auction system.
Article 31 (Prohibited matters)
The auction system user shall not do the following items when using the auction system, in addition to the items specified separately in this agreement. If the auction system user causes damages (including, but not limited to, attorney's fees, special or indirect damages) to the Company due to the following items, the auction system user will immediately take the Company. We shall compensate for the damage.
(1) Copying, storing, processing, modifying, or otherwise using or disposing of the content without our prior written consent.
(2) Disclose information, etc. (including but not limited to personal information) acquired by using the auction system to a third party other than our company, or use it for purposes other than the purpose of using the auction system. To do
(3) Acts that put a load on the auction system, interfere with the access or operation of other users, and interfere with or interfere with our business and network system.
(4) Log in to the auction site using an ID and password owned by another person and use the auction system.
(5) In addition to the above items, perform acts that violate laws and regulations, this agreement, and matters specified by the Company.
Article 32 (Prohibition of transfer of claims)
The auction system user shall not be able to assign the rights, obligations and status to the Company based on this Agreement without the prior written consent of the Company, and shall not be able to pledge it as collateral.
Article 33 (Exclusion of antisocial forces)
1. Auction system users are those who have not passed 5 years since they were no longer members of the gangsters, gangsters, gangsters, quasi-members of gangsters, companies related to gangsters, general assembly shops, etc. It does not fall under the category of social movements, etc., special intelligent violent groups, etc., or other persons equivalent to these (hereinafter, these persons are referred to as "gang members, etc."), and does not fall under any of the following items. We state that and assure you that it will not be the case in the future.
(1) Having a relationship in which gangsters, etc. are recognized as controlling management
(2) Having a relationship in which gangsters, etc. are deemed to be substantially involved in management
(3) Having a relationship that is recognized as unfairly using gangsters, etc., for the purpose of gaining the wrongful profits of oneself, the company or a third party, or for the purpose of damaging a third party.
(4) Having a relationship that is recognized as being involved in providing funds, etc., or providing facilities to gangsters, etc.
(5) Officers or persons who are substantially involved in management have a socially criticized relationship with gangsters, etc.
2. The auction system user promises not to perform any of the following acts by himself or by using a third party.
(1) Violent demands
(2) Unreasonable demands beyond legal responsibility
(3) Acts of threatening behavior or using violence regarding transactions
(4) Disseminating rumors, damaging the credibility of the Company or interfering with the business of the Company by using counterfeiting or power.
(5) Other acts equivalent to the preceding items
3. If the user of the auction system violates or is reasonably suspected of violating the promises set forth in the preceding paragraphs, the Company immediately completes or one of the transactions with the relevant person without requiring notification or any other procedure. It shall be possible to suspend the department or cancel all or part of the contract with the relevant person. The Company shall not be obliged to explain or disclose to the relevant person regarding the content and grounds of such reasonable doubt, and the relevant person may be due to or in connection with the suspension of transactions or the cancellation of the contract. We shall not be liable for any damages caused to the customer.
4. If the user of the auction system suffers damage due to the violation of the promise of paragraph 1 or 2, the person concerned promises to be obliged to compensate for the damage.
Article 34 (Governing Law)
This agreement is governed by Japanese law.
Article 35 (Consensus Jurisdiction)
The Tokyo District Court shall be the exclusive agreement jurisdictional court of the first instance for disputes regarding this agreement and the auction system.
Come into force on 2022