Defactostandard, Ltd. (hereinafter referred to as the "Company," “we,” “our,” or “us”) establishes the Company’s Terms of Use of the Sales Service (hereinafter referred to as the “Terms of Use”) as set forth below, for the provision of the goods sales service (hereinafter referred to as the “Service”) on the BRANDEAR website (hereinafter referred to as the “Website”) operated by us.
Article 1. General Terms
1.1 You must agree to the Terms of Use before using the Services.
1.2 We may, from time to time, revise all or part of the Terms of Use without your prior consent, by providing announcement or notice to you in a manner deemed appropriate by us, such as posting on the Website or sending email.
1.3 If all or part of the Terms of Use is revised, the provision of the Services shall be governed by the revised Terms of Use and you shall comply only with the revised Terms of Use.
1.4 In addition to agreement to the Terms of Use under Paragraph 1 hereof, you must agree to the Personal Information Protection Policy set forth in Article 9 below as supplementary to the Terms of Use, and our other terms and rules applicable to you before using the Services.
Article 2. Member Registration
2.1 When you use the Services, you must register as a member in advance on the Website in accordance with the method prescribed by the Company.
2.2 If you fall under any of the circumstances under Article 3, Paragraph 1, below or commit any of the acts specified in Article 4 below, we may cancel your membership egistration without prior notice and refuse to re-register you as a member.
2.3 When you log in to the Website using any authentication method (including a combination of ID and password or any other method specified by us) that we use to identify you, we will assume that you yourself are using the Services. We will charge you when fees or charges are incurred as a result of the use of services or the purchase of goods.
Article 3. Refusal to Use the Services
3.1 If you fall under any of the following circumstances, the Company may, without prior notice, suspend your use of the Services, claim compensation for damages (including legal fees) against you, and take any other measures deemed necessary by the Company.
- (1) It is found that false information was contained in the member registration.
- (2) It is found that, with respect to any services provided by the Company or its affiliates, you have violated the terms relating to such services or failed to meet your obligations without good reason in the past.
- (3) You are in violation of laws and regulation, the Terms of Use, or any other terms and conditions set forth by the Company.
- (4) You have delayed payment to the Company or its affiliates.
- (5) The Company determines that your credit impairment has occurred, subject to a petition for bankruptcy or legal proceedings including civil rehabilitation, or upon your filing of a petition for these proceedings or voluntary liquidation proceedings.
- (6) You have not used our services for a long period of time.
- (7) The Company determines that you have repeatedly made purchases without the intention of purchasing anything.
- (8) You have unreasonably refused to receive goods.
- (9) The Company otherwise determines that your use of the Services is inappropriate.
3.2 The Company shall not be liable to you in any way for any damage incurred because of hindrance to your use of the Services that occurred when the Company has suspended the use of the Services or taken any other precautions deemed appropriate by the Company under the preceding paragraph.
Article 4. Prohibitions
4.1 You shall not engage in any of the acts listed below. If you violate this prohibition, you shall be liable for any and all damages incurred by the Company or third parties as a result of your violation.
- (1) Act that causes or may cause inconvenience, disadvantage, or damage to third parties, including other customers, or the Company
- (2) Act of using the Services for commercial purposes (except those approved in advance by the Company)
- (3) Act of purchasing goods via the Services for the purpose of reselling to a third party
- (4) Act that offends or may offend public order and morals, or otherwise violates or may violate laws and regulations
- (5) Act of registering information containing false or misleading content
- (6) Act of uploading to the Website any computer viruses, computer code, files, programs, or other content designed to interfere with, destroy or limit the functionality of computer software, hardware or telecommunications equipment, or sending such content by email or other means
- (7) Reproduction, sale, publication, distribution, and release of any content obtained through the Services, and other similar act outside your personal use
- (8) Act of collecting, accumulating, or storing personal information of other customers
- (9) Act of using the Services by fraudulently using credit cards, mobile phone payments, or other payment methods
- (10) Act of returning goods excessively multiple times without good reason
- (11) Act in violation of any laws and regulations applicable to you
- (12) Act of using the other customer’s ID or name to use the Services, and act of obtaining IDs and passwords from others by any means whatsoever, or disclosing or providing IDs and passwords to third parties
- (13) Other acts that the Company reasonably determines to be inappropriate, such as those that may damage or destroy the Company's reputation or interfere with the Company's business
Article 5. Purchase of Goods
5.1 Please note that because we sell through multiple sales channels simultaneously, we may cancel our listing or transaction with you when goods are sold out or information is amended.
5.2 Before we deliver goods to you, if a person claiming to be the true owner of the goods makes a claim for return of goods, regardless of whether the goods are stolen, lost, inherited, or otherwise derived, and the Company is unable to deliver the goods to you, or it is found that the goods are prohibited sale items under law, we may without notice terminate the sales agreement with you. In this case, if the Company has already received the purchase price of the goods from you, the Company can be exempted from any liability to you by refunding the amount equal to the purchase price without interest.
5.3 If the Chief of the Prefectural Police Headquarters orders us to retain goods under the provisions of Article 21 of the Secondhand Articles Business Act (Act No. 108 of 1949; including subsequent amendments), we may refuse to deliver the goods to you until the expiration of the retention period. We shall not be liable for any damage resulting from a delay in the delivery of the goods to you under this paragraph.
5.4 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 you in connection with such carriage, including but not limited to, non-delivery, delay of delivery, damages of delivered Products.
5.5 You shall assure us that you have the necessary authority to purchase goods from us; for example, if you are a minor, you shall obtain the consent of your parent or guardian.
Article 6. Payment Methods for Goods Purchase
6.1 The amount you pay when purchasing goods via the Services (hereinafter referred to as the "Your Payment Sum") shall be the sum of the purchase price of the goods, including consumption tax, and shipping and other handling fees therefor.
6.2 Payment for goods purchased via the Services shall be made only by payment using points separately determined by the Company or other payment methods separately specified by the Company.
Article 7. Return of Goods
7.1 We will accept the return of goods only in the cases specified below; provided that you shall bear the shipping fee for the return in accordance with Item 3 below. If goods are returned under this article, we shall refund Your Payment Sum, return the points, or otherwise pay the money to you in the same manner as at the time of purchase, and shall not provide any replacement.
- (1) The goods are found to be counterfeit, pirated, or fake.
- (2) The goods delivered are clearly different from those ordered.
- (3) The goods delivered are damaged.
- (4) It is within seven days after the delivery of the goods and none of the following has occurred:
- (i) The goods are used or repaired or washed or cleaned.
- (ii) The goods (including but not limited to the box and accessories to the goods) are damaged, soiled, or lost at the time of return, compared to the condition at the time of delivery of the goods.
- (iii) The goods have an odor or are soiled or scratched under your control.
Article 8. Receipt, Storage, and Disposal of Goods
8.1 You promise us to purchase goods, having specified an address at which the goods we sold can be received and contact details. If the delivery cannot be received at the address, the carrier will be notified again of the date and time when the delivery can be made.
8.2 If you do not receive the goods we sold without good reason (including, but not limited to, voluntary refusal to receive the goods, and your failure to receive the goods and return them to us due to your absence or other reasons, and including the second and subsequent deliveries; the same shall apply hereinafter), we shall notify you by mail to the address specified by you or by email to the email address specified by you in the contact details and ask you to instruct us about your receipt of the goods, specifying a period of at least 10 days, and you shall instruct us within such period of time.
8.3 If you instruct us with regard to the notice under the preceding paragraph, we shall redeliver the goods in accordance with the instruction but, in this case, you shall bear the costs of redelivery of the goods and the storage costs determined by us, if the period from the return of the goods to us to the redelivery exceeds 14 days.
8.4 If you fail to instruct us within the period specified in Paragraph 2 hereof or fail to pay the full storage costs (the full amount of storage costs incurred until the scheduled redelivery date) specified in Paragraph 3 hereof within 14 days of our request, we may terminate the sales agreement with you.
8.5 If you do not receive goods without good reason, we shall be exempted from liability by storing the goods with the same duty of care as we have for our own property, and shall not be liable for any change in the condition of the goods that occurred thereafter (including, but not limited to, alteration, deformation, wear and tear, damage, or decay of the goods), except those caused by our intention or negligence.
8.6 If we terminate the sales agreement under Paragraph 4 hereof, we may dispose of the goods by dumping or other disposal methods specified by us.
If you do not contact us, we may dispose of the goods according to the notice of termination set forth in Paragraph 4 hereof and thereafter we shall be exempted from any liability to you. If the sales agreement is terminated under Paragraph 4 hereof, we may charge you for storage fees for the goods and any other costs related to the sales agreement incurred by us.
8.7 If we terminate the sales agreement under Paragraph 4 hereof, within one month of receiving the notice of your designated transfer account, we will remit to your bank account the amount of the sales price, after deducting the costs to be borne by you, as set forth in Paragraph 6 hereof, and the transfer fee.
Article 9. Handling of Personal Information
9.1 You agree that your personal information provided to us will be handled in accordance with our Personal Information Protection Policy.
Article 10. Elimination of Antisocial Forces
10.1 You represent and pledge that, at the time of member registration and each time of using the Services and in the future, any of the following items is not, and will not, applicable to you:
- (1) Organized crime group
- (2) Organized crime group member
- (3) Organized crime group associate member
- (4) Organized crime group-related company
- (5) Corporate racketeer, false social activist, or organized crime group specialized in intellectual crimes
- (6) Person who has a social or economic relationship with those listed in Items 1 through 5 of this paragraph
- (7) Any other person similar to those listed in the foregoing items
- (8) Any of the following sub-items (a) through (e) is not applicable
- (a)Involved in management, which is considered to be controlled by organized crime group members
- (b) Involved in management, which is considered to be substantially engaged by organized crime group members
- (c) Involved in an alleged unreasonable employment of organized crime group members for the purpose of promoting unfair benefits for you, your company, or third parties, or for the purpose of causing damage to a third party;
- (d) Involved in the alleged provision of funds or the alleged grant of benefits to organized crime group members
- (e) Officer or person substantially engaged in management, who has socially reprehensible relationship with organized crime group members
10.2 You pledge that you will not do, or cause any third party to do, any of the following acts:
- (1) Acts of violent demands
- (2) Acts of unreasonable demand in excess of legal liability
- (3) Threatening behavior or violent acts regarding transactions
- (4) Acts of spreading rumors, damaging our reputation, or obstructing our business by using fraudulent means or power
- (5) Any other acts similar to those listed in the foregoing items
10.3 If you fall under any of the items of Paragraph 1 hereof or you engage in any of the acts listed the items of the preceding paragraph, or any false statement is found in your representations and pledges under the provisions of Paragraph 1 hereof, we may cancel your membership registration and otherwise terminate any and all agreements with you. We shall bear no liability for any damage incurred by you as a result of the termination under this paragraph. 10.4 You pledge to be liable to compensate for any damages incurred by us as a result of your violation of the pledges of Paragraphs 1 and 2 hereof.
Article 11. Disclaimer
11.1 Even if we provide links from the Services to third-party websites or resources or from third-party websites or resources to the Services, we shall have no liability for the content, use, and its results (including, but not limited to, legality, validity, accuracy, certainty, security, up-to-dateness, and completeness) of the linked websites or resources. If we reasonably determine that the content of the linked websites or resources is illegal or inappropriate for the management and operation of the Services, we may remove such links without any notice to users.
11.2 Even if the Services are temporarily suspended, discontinued, or changed for any of the following reasons, we shall bear no liability for any damage, loss, or disadvantage incurred directly or indirectly by you:
- (1) In the event of natural disasters, such as fire, earthquake, flood, lightning strike, heavy snowfall, or social unrest such as war, civil war, terrorism, riot, or disturbance
- (2)In the event of not receiving adequate service from our contracted telephone company, carrier, or provider
- (3) In the event of reasons that we cannot address due to our technical reasons or a flood of applications
11.3 The Company shall fulfil its obligations and be exempted from liability by handling its affairs according to the information in your member registration.
11.4 If you cause any damage to other customers or third parties as a result of using the Services, you shall resolve the issue at your own responsibility and expense and shall not cause any damage, loss, or disadvantage to the Company.
11.5 The provisions of the Terms of Use, which exempt the Company from liability for all damage incurred by you, shall remain in force to the extent that they do not conflict with the Consumer Contract Act or other applicable laws and regulations and shall not apply if the Company is found to be intentional or grossly negligence. The Company shall be obliged to compensate you for any damage caused by the Company's slight negligence up to JPY 10,000.
Article 12. No Assignment of Rights and Obligations
12.1 With respect to all agreements under the Terms of Use, you may not assign to a third party, in whole or in part, your contractual status and related rights and obligations without our prior written consent.
Article 13. Governing Law and Jurisdiction
13.1 The Terms of Use are governed by the laws of Japan, and any disputes relating to the Terms of Use or the Services shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 14. Validity of the Terms of Use
14.1 If any part of the Terms of Use violates any laws and regulations applicable to an agreement with you under the Terms of Use, such part shall not apply to the agreement with you to the extent of the relevant provisions; provided that such shall not affect the validity of the other provisions of the Terms of Use.
1th March 2023 established
26th September 2023 amended
