Habibi, Inc. (the "Company") hereby sets out the "8mart terms of service" (the "Terms of Service")
regarding the use of the proxy purchase service (the "Service") that the Company provides to Members.
The Service is provided by the Company.
Besides the Terms of Service, the Company may, at its discretion, set out separate terms as necessary, and the said separate terms shall be integrated with the Terms of Service to form a single set of terms.
A Member must therefore agree to all terms before using the Service. If there is any contradiction between the Terms of Service and the separate terms, the separate terms shall take precedence, and where there is no contradiction, both the Terms of Service and the separate terms shall apply.
Article 1 (Membership Eligibility)
"Member" refers to a person who has consented to the Terms of Service, has applied via the Internet for membership to use the Service operated by the Company, has been accepted as a Member by the Company, and has been granted a Member ID
A Member may not loan, transfer, sell, pawn, or allow a third party to use the said Member's membership eligibility.
Article 2 (Modification of the Terms of Service)
The Company may modify the Terms of Service without any prior acceptance notice. If the Terms of Service are modified, all matters relating to the Service shall conform to the modified terms.
In the event that a Member (i)uses the Service after the modification of the Terms of Service, or
(ii)does not take the procedure for withdrawal from the Service within the period of time specified by the Company,
the Member shall be deemed to have agreed to the modification of the Terms of Service.
Article 3 (Application for Membership)
A person who wishes to become a Member (a "Membership Applicant") shall apply personally for membership via the Internet.
If a Membership Applicant is a person with limited legal capacity such as minors, the Membership Applicant shall obtain the prior consent of the person entitled to consent such as parents over the Membership Applicant.
The procedure for registering a Member shall be complete when the Company accepts the application described in Subarticle 3-1.
However, if the Company finds that the Membership Applicant falls into any of the following categories, the Company may not approve membership by the Membership Applicant or may cancel a previously approved membership.
(1) The Membership Applicant is a person with limited legal capacity such as minors and does not have the consent of the person entitled to consent such as parents over him/her.
(2) The Membership Applicant's eligibility for membership has been voided due to past violation of these terms.
(3) The Membership Applicant's details submitted to the Company upon application are found to contain untrue or incorrect information or are incomplete.
(4) The Membership Applicant has failed to pay any amount owed to the Company.
(5) The Membership Applicant obstructs the Company's operations or provision of the Service or the seller's (as defined in Article 9) or other third party's use of the Service or commits an act that leads to such obstruction.
(6) The Company deems the Membership Applicant to be unsuitable for any other reason.
Article 4 (Management of Member ID and Password)
A Member is responsible for managing his/her Member ID and password that the Company grants to the Member following Member registration.
A Member may not allow his/her Member ID or password to be used by a third party or loan, transfer, sell, or pawn etc. his/her Member ID or password to a third party.
A Member shall be responsible for loss resulting from inadequate
management of his/her Member ID and password, malpractice during use of the said Member ID and password, or use of the said Member ID and password by a third party, and the Company shall not bear any responsibility whatsoever. Use of the Service with a Member's Member ID and password shall be regarded as use by that Member and the Member shall be fully responsible for such use.
If a Member's Member ID or password becomes known to a third party, or if it is suspected that a Member's Member ID or password has been used by a third party, the Member shall immediately report such incident to the Company and shall obey any and all instructions given by the Company. If the Company suffers loss as a result of improper use of a Member's Member ID and password, the Member shall compensate the Company for the said loss.
A Member is obliged to periodically change his/her password, and the Company shall not bear any responsibility whatsoever for loss resulting from a Member's failure to do so.
Except when especially approved by the Company, a Member's Member ID and password will not be re-issued.
Article 5 (Modification Etc. of Submitted Details)
If there is any change to details that a Member submitted to the Company upon application for membership, the Member shall immediately report such change to the Company using the prescribed form.
Notifications from the Company dispatched to a Member's contact address noted in details registered with the Company shall be regarded as having been delivered to the Member on the date on which a dispatch would normally be expected to arrive.
Article 6 (Handling of Personal Information)
The Company will use a Member's personal information for the following purposes:
(1) To manage Members.
(2) To sell or provide the Company's or a third party's products, rights, digital contents, services, or financial products (the "Products Etc.").
(3) To plan campaigns and prizes and to conduct questionnaires.
(4) To simplify the Member registration process for use of a service that requires Member registration and that is provided by the Company
(5) To issue notifications of matters necessary for operating the Service (including notifications by email).
(6) To advertise, publicize and market the Company's and third parties' Products Etc. (including such notifications by email).
(7) To distribute the mail magazine.
(8) To package and dispatch Products Etc.
(9) To calculate charges and to bill for charges.
(10) To provide points, coupons, and a mileage service ("Points Etc.").
(11) To publish information posted by Members.
(12) To handle various inquiries and to provide after-service.
(13) To examine and analyze marketing data and to develop new services.
(14) To create statistical data to be provided to business partners ("Business Partners") nominated by the Company.
(15) Execution of operations when the Company handles personal information under contract for another business entity, etc.
The Company may use personal information such as a Member's Member ID, name, sex, email address, telephone number, zip code, address, position and company name etc., nickname, pen-name, date of birth, credit card information, purchase history, Points Etc. information and Points Etc. usage history for the purposes listed in Subarticle 6-1.
The Company shall nonetheless be entitled to provide personal data in any of the following circumstances:
(1) When the Member's agreement is obtained
(2) When disclosure is demanded by law, disclosure is requested as part of legal proceedings such as a criminal investigation, or a public institution such as a consumer information center or bar association brings an inquiry for a legitimate reason.
(3) When a Member's order information is sent to Business Partners.
(4) When personal information is disclosed to Business Partners when a Member purchases or attempts to purchase Products Etc. from Business Partners.
(5) When Business Partners and the seller (as defined in Article 9) demand disclosure of the country to which a Member's purchased Products Etc. are to be delivered and the language selected by the Member for using the Service.
(6) When required for dispatching Products Etc. or providing services.
(7) When disclosed to a business operator related with settlement of expenses.
(8) When disclosed to Business Partners for providing Points Etc. services implemented by the Company or the said Business Partners.
(9) When consigning the whole or part of the tasks performed by the Company to a third party.
(10) When disclosing personal information to a business successor in the case that the business is to be taken over through a merger, transfer of business, or other means.
(11) When allowed under the Personal Information Protection Law or other laws and ordinances.
Article 7 (Withdrawal of Membership)
A Member may withdraw membership by following the procedure prescribed by the Company.
If a Member dies, the Company shall regard the said Member as having withdrawn membership at the time of death and shall halt use of the Member's member ID and password.
Article 8 (Suspension of Membership Eligibility and Expulsion)
In the following situations, the Company may temporarily suspend a Member's membership eligibility or expel a Member without giving any prior notification or warning to the Member.
(1) When the Member has improperly used or has allowed a third party to improperly use his/her Member ID or password and the Service.
(2) When a Member does not pay a charge by the prescribed date.
(3) When seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, or civil regeneration is petitioned against a Member, or a Member declares such state.
(4) When a Member enters an incorrect password more than the number of times specified by the Company.
(5) When a Member does not use the Service within the period specified by the Company.
(6) When a Member has otherwise violated any of the Terms of Service or separate terms.
(7) When the Company otherwise deems a Member to be disqualified as a Member.
Article 9 (Description of the Service)
The Service means the service where the Company will (i)purchase a product or an item requested by a Member(the “Products”) via mail order,
regarding products that sellers, including but not limited to a seller on the internet auction sites of Japan designated by the Company
and operator of e-commerce site designated by the Company (the “Seller”), are selling on internet site (the “Online shopping site”) for Members, and (ii)resell and deliver the Products to a Member.
As explained in Subarticle 9-1, the Service involves the Company's purchasing of Products Etc. requested by a Member,
Therefore, the Company is responsible only for the purchase, resell and delivery of a product requested by a Member
and is not responsible whatsoever for inquiries regarding the description of received Products Etc., claims, defect liability, or other demands etc.
A Member shall empower the Company to enter into carriage agreement with carriers designated by the Company in the name of such Member and the Company will enter into such carriage agreement of the Products with such carrier in the name of the Company or such Member. Unless the Company should be liable for damages in connection with such carriage, in no event shall the Company be liable for any damages incurred in such Member in connection with such carriage, including but not limited to, non-delivery, delay of delivery, damages of delivered Products. A Member shall empower the Company to enter into carriage agreement in the name of the Company or such Member.
Sellers who are eligible to use the Service, carriers who can be used in conjunction with the Service, and product types, sizes, weights, prices, delivery destinations and other conditions allowed by the Service are restricted to the scope specified by the Company. A Member may not use the Service outside the scope specified by the Company.
Article 10 (Purchase of Products Etc.)
A Member's request for proxy purchase of Products Etc. shall be made in accordance with the method stipulated by the Company
Only a Member may request proxy purchase of Products Etc.
The Company will purchase the Products on behalf of a Member by the method where the Company confirms application for a purchase from a Member.
After a Member requests proxy purchase of Products Etc., the Member may not cancel the request even if a proxy consignment contract has not yet been executed unless the Company gives its consent.
The Company may freely determine whether to agree to a request from a Member.
Regarding the handing over of products between the Company and the Member, in principle it is completed when the Products Etc. are shipped
from the Company.
In the event that there are redeemable points from the seller in the event of purchase, the Company retains possession of those points.
A Member shall bear costs for purchase of the Products by the Company on behalf of such Member and costs of delivery of the Products (collectively the “Payments of the Products”) and the Company will bear rest of the expenses of the Products. Payments of the Products may include delivery charge of the Products from the Seller to the Company, expenses in connection with purchase of the Products including remittance charge to the Seller, Japanese Taxes applicable to the Products and custom duties in the place of destination, charges for using the Service and costs for foreign delivery. For the avoidance of doubt, the Company will apply delivery charge applicable to the delivery from a Seller to the Company in accordance with the delivery charges as set forth in the service page of the Company as a rule and a Member agrees that the Company may choose the delivery of the lowest cost out of the charges shown by the Seller.
A Member shall pay the charge indicated by the Service to the Company at the time of proxy purchase of Products Etc. The Company may change the Service's usage charge without prior notification.
If the Company fails to purchase a requested product due to shortage etc. of it, the Company shall claim the amount calculated by subtracting the said product price from the charge indicated by the Service against the Member. When the requested product is an auction product and the bidding-upper limit price indicated by the Service is less than the successful bid price, the Company may claim the said successful bid price or product price etc. against the Member.
A Member shall pay the purchase price etc. stipulated in Subarticle 10-8 in accordance with the method stipulated by the Company by the date stipulated by the Company.
If a Member does not pay the product price etc. of Products Etc., the Member shall pay to the Company a late payment charge calculated at 14.6 percent per annum.
A Member may not transfer to a third party, offer for security, or in any other way dispose of any right provided under the contract with the Company.
If a Member does not pay the Product Price Etc. stipulated in Subarticle 10-8 for the Products Etc. by the date stipulated by the Company, the Company may cancel the contract without notice. Even if the Company cancels the contract, the Company may claim compensation from the Member for resulting loss.
If the Company falls into any of the situations stipulated in Article 15 of the Terms of Service, the Company may cancel the contract without notice even after agreeing to the contract.
If the Company cancels the contract after purchase of Products Etc., the Company will not refund the product price etc. to the Member.
If a Member refuses to take receipt of Products Etc., the Company may at its discretion sell, discard, return, or otherwise dispose of the Products Etc. received from the Seller and the Member may not make any objection whatsoever.
Article 11 (Products for Which Use of the Service is Prohibited)
A Member must not use the Service for the following products:
(1) Cash, checks, drafts, stock certificates and other negotiable securities (including tradable coupons such as flight tickets and concert tickets).
(2) Cards such as credit cards and cash cards.
(3) Savings account books or saving account withdrawal cards issued by a financial institution.
(4) Personal correspondence or other means of communication defined as personal correspondence by existing laws.
(5) Live animals or plants, dead animals or stuffed animals.
(6) Human bodies or body parts, human remains, ashes of the deceased, or Buddhist mortuary tablets.
(7) Food, drink
or any other item that may easily deteriorate or spoil.
(8) Stimulants, cannabis, narcotics, psychotropic drugs, or other banned drugs.
(9) Firearms, swords, weapons, ordnance, gunpowder, explosives, poisons, and hazardous substances
(10) Medical supplies and medical equipment.
(11) Child pornography, adult videos, or other obscene material.
(12) Items obtained by an illegal method or means.
(13) Items whose transportation, export, and import is prohibited or restricted by laws and ordinances of the exporting/importing country including transit countries, the state or local government.
(14) Items that the Company is prohibited by law from selling or reselling in Japan.
(15) Any intangible products such as software.
(16) Other items that are not permitted to be handled under the carrier's carriage contract.
(17) Other items that the Company deems to be unsuitable.
Article 12 (Inspection and Delivery of Products)
After the Products Etc. have arrived at the Company, the Company shall inspect the Products Etc. with the aim of checking the contents. At this time, the Company will on occasion remove or add etc. packaging as the Company deems necessary. However, the Company bears no obligation to carry out an inspection and the result of the inspection does not guarantee the quality of the product, presence/absence of defects, or authenticity of the product or that the said product does not violate the relevant laws or ordinances of the originating country, transit countries or destination country. Additionally, Products Etc. are received and inspected by the Company, so it is not possible to send directly from the seller to a Member designated place.
The Company will carry out the process described in Subarticle 12-1 based on the standard prescribed by the Company. The said process involves verification of the identity of the Products Etc.; that is, that there is no apparent discrepancy between the Products Etc. and the description of the Products Etc. (the "Product Description") stated by the Seller. The
Product Description refers only to text written by the Seller and does not include the output of automatic translation.
As a rule, the Company cannot conduct verification of details that were not included in the Product Description, verification that requires specialist product knowledge such as brand authenticity etc., verification of the quantity and condition of more than 25 contents contained in a single product, verification that involves disassembly or assembly of the product, verification that involves opening the packaging or breaking the seal etc., verification of the operation of appliances, or verification of the contents of a recorded medium such as a CD etc.
The result of the said process does not guarantee the quality of the said Products Etc., presence/absence of defects, or authenticity of the product, that the said product does not violate the relevant laws or ordinances of the originating country, transit countries or destination country, proper operation, or absence of damage.
If the product inspection described in Subarticle 12-3 detects an item that violates or is likely to violate the Act on Prevention of Transfer of Criminal Proceeds or other laws and ordinances, the Company may take action
to report such situation to the police or other relevant government agency and hand over the Products Etc.
Even if the result of the verification process finds that a Member has been defrauded, the Company does not bear any responsibility whatsoever except for actions that come under the Company's responsibility.
After the completion of the verification process, the Company carries out procedures for dispatching or exporting the Products Etc. overseas on behalf of the Member. Additionally, the countries that the Member can choose as a shipping address is limited to the Available Shipping Countries decided on by the Company, as well as Japanese domestic addresses. The Company may, at its discretion, determine the delivery method, international delivery charge, and other expenses such as the shipping cost and handling cost required for delivery of the Products Etc. according to the weight and size of the Products Etc. tabulated during the verification
process. The Company shall at its discretion nominate a handover date for the Products Etc., and the Member may not specify a delivery date.
The Company shall fulfill the product delivery process stipulated in Subarticle 12-6 under the responsibility of the Member and in accordance with the Member's instructions. Therefore, the Company shall not bear any responsibility whatsoever for information relating to export and import, such as the product name, product price and product quantity etc. written on the invoice, or for the tariff amount incurred on the basis of the said information, or measures such as import bans etc. imposed by the destination country. The Member shall be liable for and pay all tariffs incurred upon the import of the Products Etc. and taxes levied by the destination country.
Depending on the delivery conditions selected by the Member, the Company may forecast the delivery method, international shipping fee and other shipping related fees the delivery of the Products Etc. (hereinafter referred to as the "Shipping Charges") based on the past experiences and know-how cultivated by the Company according to the weight, size, material, and other conditions of the Products Etc. In this event, the Member shall agree in advance that the Shipping Charges and other costs set by the Company is an approximate amount and may fluctuate. The Member shall agree in advance that even if the actual shipping fee differs to the Company’s estimations, refunds will not be accepted. The Company shall not be obliged to disclose the expense details or the existence of such expense to the Member.
A Member may not change the delivery destination of the Products Etc. unless the Member submits an application using the form prescribed by the Company.
Article 13 (Cancellation of the Contract Owing to Non-delivery of the Products Etc.)
When the Company receives a request from a Member for proxy purchase of Products Etc., the Company purchases the Products Etc. from the Seller
on behalf of the Member. Therefore, a Member cannot cancel a request for proxy purchase at its own convenience even if this contract has not yet been executed unless the Company gives its consent; nor can a Member cancel this contract after the contract has been executed unless the Company gives its consent.
If the Company finds itself in any of the following situations, the Company may cancel purchase of the Products Etc. for the Member.
(1) When the Company is requested by the Seller of the Products Etc. to cancel the purchase contract.
(2) When the Products Etc. do not arrive at the Company from the Seller of the Products Etc. within 30 days of the date on which the order is placed with the Seller except for cases where the Product Description or other notification indicates in advance that delivery of the product will take more time, such as in the case of pre-ordered products or products produced following receipt of an order.
Article 14 (Return of Products Etc.)
The Member hereby acknowledges that if, as a result of the verification process prescribed in Article 12, the Company finds that the actual Products Etc. clearly differ from the details in the Product Description that the Seller gave on the Online Shopping Sites Etc., or if a situation described in
Subarticle 13-2 arises, the Company will negotiate with the Seller of the Products Etc. on behalf of the Member for the return of the Products Etc. and a refund etc. The Company shall refund to the Member the amount of the refund that the Company receives from the Seller as a result of the said negotiations. However, the Company does not guarantee the result of negotiations to the Member.
If the Products Etc. are returned to the Seller owing to a situation described in Subarticle 14-1, the Member must bear the operational expense of returning the Products Etc. as well as the actual cost of sending the Products Etc.
Article 15 (Refusal to Provide the Service)
In the case that a situation described below arises or is likely to arise, the Company may refuse to provide the Service even if the Company has already agreed to provide the Service.
(1) When the product is a product stipulated in Article 11.
(2) When the whereabouts of the Member or the address to which the products are to be dispatched cannot be verified.
(3) When the carrier does not transport the products.
(4) When products are halted at customs.
(5) When the Member does not pay the purchase cost etc.
(6) When it is found that the purchase cost etc. or other sale conditions stated by the Company or the Seller contain an obvious error.
(7) When the Company deems that the Products Etc. for which the Member has requested a proxy purchase will be difficult to obtain.
(8) When the Member does not pay the Product Price Etc. by the date specified by the Company.
(9) When the Member does not take receipt of the Products Etc. by the date nominated by the Company.
(10) When the Member has violated the Terms of Service.
(11) When any other act that the Company deems inappropriate has been committed.
Article 16 (Disposal of Products That Cannot Be Handed Over)
The Company may, after taking receipt of the Products Etc. stipulated in Article 11, at its own discretion sell, discard, return, or otherwise dispose of the said Products Etc.
When a situation described in Article 15 (excluding Subarticle 1 and 8; the same applies within this Article) exists and the Company has already taken receipt of the Products Etc., the Company shall hold the said Products Etc. for a period of 45 days from the date of receipt.
If the Member resolves all situations described in Article 15 within the period stipulated in Subarticle 16-2, the Member may instruct the
Company to dispatch the Products Etc. to the Member's address or forward it by a method expressly approved by the Company.
If the Member does not resolve all situations described in Article 15, and want to discard the Products Etc. within the period stipulated in
Subarticle 2, the Company may sell or otherwise dispose of the said Products Etc.
Even if the Member suffers loss as a result of the disposal of the products described in this Article, the Company shall bear no responsibility whatsoever.
Notwithstanding the stipulations of this Article, the Company may take the procedures defined in the Civil Execution Act.
Article 17 (Modification and Abolition of Service Details)
The Company may at any time change or abolish details of the Service without prior notice. Even if a Member suffers a disadvantage or loss as a result of the said change or abolition, the Company shall not bear any responsibility therefor.
Article 18 (Suspension or Discontinuation of the Service)
If the Company finds itself in any of the following situations, the Company will in some cases temporarily suspend or discontinue the whole or part of the Service without giving any prior notice to Members.
(1) When undertaking a maintenance inspection or upgrade of the equipment or system for providing the Service.
(2) When it is difficult to provide the Service owing to a fire, power failure, natural disaster, epidemic or system failure etc.
(3) When necessary services are not provided by telecommunications corporations.
(4) When the Company otherwise deems the temporary suspension or the discontinuation of the Service to be necessary.
The Company bears no responsibility whatsoever for any and all loss suffered by a Member as a result of the temporary suspension or the discontinuation etc. of the provision of the Service.
Article 19 (Prohibited Acts)
While using the Service, a Member shall not commit any act that comes under or is likely to come under any of the following descriptions.
(1) An act that uses the Service for an illegal purpose.
(2) An act that infringes any trademark right, copyright, design right, patent right or other intellectual property right, image right, publicity right or other right of the Company or other third party.
(3) An act that leads to a criminal offence such as fraud.
(4) An act that uses the Service to impersonate a third party.
(5) An act that illegally uses the Company's or other third party's equipment or obstructs operation of such equipment.
(6) An act that violates laws and ordinances, the Terms of Service or separate terms, or public order and morals.
(7) An act that obstructs operation of the Service.
(8) Any other act that the Company deems inappropriate.
If the Company suffers any kind of loss as a result of a Member's violation of the Terms of Service or separate terms, the Company may claim compensation for loss from the said Member.
Article 20 (Scope of the Company's Responsibility)
The Company does not guarantee that the Products Etc. for which a Member has requested the Company to make a proxy purchase can be purchased on Online Shopping Sites Etc.
Apart from operating the following domain, the Company does not operate sites that a Member may access via an advertisement or link etc. appearing on the service site. Therefore, the Company bears no responsibility whatsoever for loss suffered by a Member as a result of using any site other than the service site.
The Company bears no responsibility for the content of information clearly provided by a party other than the Company within the information that is provided on the service site.
If a Member has used the computer system available on the service site to translate information, the Company bears no responsibility whatsoever for the accuracy and content of such translations.
If a Member suffers loss as the result of a situation attributable to the Company in relation with Products Etc. for which the Member requested the Company to make a proxy purchase, the Company shall compensate only for direct loss not exceeding the value stipulated in Subarticle 10-8.
The Company does not guarantee that Members will not suffer loss from a computer virus or other harmful program when using the service site.
The Company does not guarantee in any way the operation of any equipment or software used by Members when using the Service.
The Company is not liable for any communication costs incurred through a Member's use of the Service.
This Article stipulates all the Company's responsibilities toward Members, and the Company will not under any circumstances compensate for a Member's lost earnings, indirect loss, special damage, legal fees or any other loss not stipulated in this Article.
Article 21 (Elimination of Anti-Social Forces)
A Member shall represent that it does not fall under any of the following items as of the date of execution of the contract and promise that it will not fall under the same in the future.
(1) An organized crime group.
(2) A member of an organized crime group.
(3) An associate member of an organized crime group.
(4) An affiliate of an organized crime group.
(5) A professional troublemaker at stockholders' meetings, etc., a racketeer, etc. who professes to be engaged in a social movement, or a crime group specialized in intellectual crimes.
(6) A person having a social or economic relationship with any person who falls under any of Item (1) through Item (5) of this paragraph.
(7) Otherwise a person equivalent to any of the preceding items.
A Member shall promise not to perform any of the acts which fall under the following items.
(1) An act of making violent demands.
(2) An act of making unreasonable demands exceeding lawful responsibility.
(3) An act of impairing the credibility or interfering with the business of the opposite party in relation to transactions by the use of fraudulent means or the use of force.
(4) Otherwise any act equivalent to any of the preceding items.
If an opposite party Member falls under any of the items in Paragraph 1 or has performed any act which falls under any of the items in Paragraph 1, or if it has been discovered that an opposite party Member has made a false declaration concerning the representation and promise pursuant to the provisions of Paragraph 1, Company may terminate a contract with such an opposite party Member.
Article 22 (Governing Law and Agreed Jurisdiction)
Japanese law shall govern the Terms of Service and separate terms.
If any dispute arises in relation with the Terms of Service or the separate terms, Tokyo District Court shall be the agreed exclusive jurisdictional court of the first hearing.
In order to ensure there is adequate operational support in respect of dispute management, refunds, cancellations, returns and customer support, the