Terms and Conditions for “4 real” Services
Article 1 (Purpose)
This Terms and Conditions for Services (this “Terms and Conditions") set forth the legal relations with YICHA Inc. (the "Company") and the matters to be complied by a person who becomes a Member in the Services pertaining to “4 real” operated on the internet by the Company (the “Services).
Furthermore, the Company may separately set forth detailed regulations on matters to be complied by Members when using the Services.
Article 2 (Amendment)
1 The Company may amend this Terms and Conditions and the detailed regulations stipulated hereunder from time to time without obtaining the consent of the users of the Services.
2 The Company shall disclose the revised Terms and Conditions on the Company’s website or other media to inform Members of the revised Terms and Conditions. All revised regulations shall apply after the disclosure.
Article 3 (Definitions)
1 The Services
“Services” shall mean any and all services provided in “4 real” operated by the Company.
“Membership”/”Member” shall mean an individual or a business operator who registers as a Member with respect to the Services and uses the Services.
“Seller” shall mean an individual or a corporation located in Japan that sells merchandise that the Company allows and decides to be able to list in the Services. Individuals and corporations located outside Japan may not be listed as sellers in the Services.
“Purchaser” shall mean an individual or a corporation who applies for or purchases the merchandise listed by the seller in the Services.
5 Sales contract
“Sales contract” shall mean a sales contract between the seller and the purchaser that is concluded on the condition that the merchandise is certified as genuine through the Company’s appraisal procedures in the Services.
6 Appraisal procedures
“Appraisal procedures” shall mean the procedures to certify the authenticity of the merchandise listed in the Services performed by the Company.
Article 4 (Membership registration procedures)
1 Any person who wishes to use the Services shall confirm and approve the contents of this Terms and Conditions, and register as a Member of the Services in accordance with the procedures set forth by the Company.
2 In the event a person who wishes to register as a Member is a minor, such person shall obtain a comprehensive consent from the legal representative of the person who has parental authority to use the Services in advance and then register as a Member. In addition, if the Company deems it necessary, the Company may confirm whether or not the consent of the legal representative of the person having parental authority is obtained, and the Company asks you to agree in advance that the Services will not be used until the confirmation thereof has not been completed.
3 A person who has registered as a Member of the Services shall not carry out multiple Membership registration procedures and hold multiple accounts of the Services.
4 In addition to the case of violation of the preceding clause, the Company may refuse to register as a Member if the Company deems that the following items apply.
① If the applicant does not approve the contents of this Terms and Conditions;
② In the event the Applicant has previously violated this Terms and Conditions and has been cancelled Membership registration (except in the event that the degree of violation of this Terms and Conditions is deemed to be minor);
③ If false or inaccurate information is included in the Membership registration application (including cases where the applicant fails to provide reasonable explanation after receiving false indication);
④ When the applicant is deemed to belong to an anti-social force such as an organized crime group; or
⑤ In the event the Company deems that the applicant is not suitable for a Member of the Services. 5 Even if the Company refuses to apply for Membership registration and damage is caused to the applicant, the Company shall not be liable in any way.
Article 5 (Change of Registration Information)
In the event of any change in the information registered at the time of Membership registration, the Member shall immediately change the registration by themselves in accordance with the procedures prescribed by the Company.
Article 6 (Procedures for withdrawal)
1 Members may withdraw from the Membership of the Services through the prescribed procedures.
2 In the event of withdrawal from Membership, the Member shall assume the sole responsibility for the back-up of data, and the Company shall not assume any responsibility for the maintenance of data after the withdrawal from Membership.
Article 7 (Management of Password and ID)
1 Members must use and manage the ID and password of the Services granted by the Membership registration in the preceding article with due care of a good manager.
2 When using the Services, Members must access the Services with their own ID and password.
3 Members shall not lend or transfer their own ID and password to others for any reason, and shall not allow others to use their ID and password.
4 In the event that a Member violates the preceding clause in the use and management of ID and password, the ID and password are illegally used due to such violation, and damages are incurred by the Company, the counterparty to the sales contract or other third parties, even if the Member does not use the Services, the Member shall be jointly and severally liable with the perpetrator who used the ID and password illegally to compensate for such damages.
Article 8 (Compliance with Laws and Regulations)
1 When using the Services, Members must comply with the Antique Dealings Act, the Act on Specified Commercial Transactions, the Act against Unjustifiable Premiums and Misleading Representations, the Unfair Competition Prevention Act, the Copyright Act, and other relevant laws and regulations as well as the guidelines of the competent authorities.
2 In the event that the Member is deemed to be in violation of the obligation set forth in the preceding clause or the relevant laws and regulations, the Company shall take appropriate measures such as investigating the facts and cooperating with the investigative authorities.
Article 9 (Items that can be listed for the Services)
1 Except as set forth in the following clause, the items that can be listed in the Services shall be the unopened items, namely items that have all the goods attached to the items and have never been opened, among the merchandise specified by the Company.
2 The Company may specify items that can be listed (such as Soft Vinyl Figures) even if they do not fall under the unopened items stipulated in the preceding clause.
3 The seller may not list items other than those listed in the preceding clauses in the Services. In the event it is found that any item other than items that can be listed is listed in violation of this clause, the Company may immediately cancel the item.
4 In the event that the listing is cancelled pursuant to the preceding clause, the Company shall not be liable to compensate for any damages incurred by the seller as a result of the cancellation of the listing.
Article 10 (Conditional purchase and sale contracts)
1 Purchase and sale contracts shall be concluded subject to the results of our appraisal in accordance with the following procedures:
① The method by which the purchaser accepts the price offered by the seller.
② The method by which the seller accepts the price offered by the buyer.
2 If, as a result of an agreement between the seller and the purchaser on the sale price, a sales contract is concluded on the condition that the Company’s appraisal results are satisfied, the seller and the purchaser may not change the contract details of the sale price, etc.
Article 11 (Listing procedures)
1 A Member who holds an account for the Services in accordance with the registration procedure in Article 4 may, as a seller, list the items set forth in Article 9 by specifying the listing period in accordance with the procedures prescribed by the Company.
2 The seller may enter into a sales contract subject to the results of our appraisal by applying for the purchaser who has offered the highest amount of the application price.
Article 12 (Purchaser's Offer to the Prices)
1 A Member who holds an account for the Services through the registration procedure as set forth in Article 4 may submit an application price for purchase to the items listed by the seller as the purchaser. In this case, the purchaser shall register the payment method determined by the Company such as valid credit card information in advance, and shall approve in advance the payment of the purchase contract price and the amount of money to be paid under the use of the Services and this Terms and Conditions according to the registered payment method before submitting the purchase application price.
2 The Purchaser may immediately enter into a sales contract subject to the results of our appraisal by accepting the amount set in advance by the Seller and applying for the purchase at the same amount.
Article 13 (Procedures for the purchaser after the formation of conditional purchase and sale contracts)
1 Upon the conclusion of a sales contract which is subject to the results of the Company’s appraisal, the purchaser shall immediately pay the amount stipulated in the applicable sales contract and any other amount designated by the Company by the registered and valid credit card or other payment method. As this purchase price may be refunded to the purchaser depending on the result of the Company’s appraisal, the purchase price will not be paid to the seller until the validity of the sales contract is confirmed.
2 The Seller shall grant to the Company the authority to receive payment for the sale price, etc. set forth in the preceding clause that is paid by the Purchaser.
Article 14 (Procedures for the seller after the formation of the conditional purchase and sale contract)
1 Upon the conclusion of a conditional sales contract, the seller shall send the items subject to the conditional sales contract to the Company and shall go through the appraisal procedure by the Company. The shipping charges shall be borne by the seller and shall be paid in advance.
2 The Company shall not be liable for any loss, damage of any item covered by the sales contract prior to its arrival at the Company.
3 In the event of the conclusion of a conditional sales contract, the seller shall deliver the items to the Company within five days from the day following the date of receipt of the notice from the Company that the payment of the purchaser has been confirmed.
4 In the event that the items covered by the conditional sales contract do not reach the Company within the period set forth in the preceding clause, the sales contract shall be deemed to be automatically and inevitably cancelled. In this case, the seller shall pay to the Company an appraisal fee (equivalent to 10% of the sales price) and a penalty fee (equivalent to 15% of the sales price) as set forth in Article 17, which is no longer available to the Company.
5 In the event the seller deliberately or negligently sells counterfeit or counterfeit items more than once, the seller shall be liable for the same penalty as in the preceding clause.
Article 15 (Appraisal procedures)
1 The Company assess whether or not the items covered by the conditional sales contract between the seller and the purchaser are authentic and unopened.
2 The appraisal set forth in the preceding clause shall be conducted on the basis of the Company’s standards as to whether or not the items is authentic or unopened, and the appropriateness of the sales price and the existence of any scratches or contamination generated in the manufacturing process shall not be verified. Provided, however, that in the case of opened items that are designated by the Company as being eligible for listing, only the verification of authenticity shall be made.
3 The appraisal set forth in clause 1 above confirms the existence of the authenticity and unopened items in light of our standards, and the Company is not legally liable to the seller and the purchaser for the appraisal results.
Article 16 (Invalidation/Effectiveness of the contract based on the Authentication)
1 If, as a result of our appraisal, the terms of validity of the contract determined by the Company, such as the authenticity of the object, are not confirmed, the relevant sales contract shall be deemed to be void. In this case, the Company will return the subject items of the relevant sales contract to the seller at the seller's expense and refund the purchase price paid by the purchaser to the Company in the bank account registered in advance by the purchaser at the buyer's expense.
2 If, as a result of the Company’s appraisal, the terms and conditions of the contract, such as the authenticity of the subject items, are confirmed, the applicable sales contract shall be deemed to be valid, and the Company shall affix a seal certifying that the subject items of the said sales contract is authentic, etc.
3 The ownership of the subject items of the sales contract shall be transferred from the seller to the purchaser when the authenticity of the subject items of the sales contract is confirmed as a result of our appraisal and it is confirmed by the Company that the sales contract will be effective.
4 If, as a result of our appraisal, the applicable sales contract becomes effective, the Company will ship the subject items of the applicable sales contract to the purchaser within two days after the completion of the appraisal. Such shipping charges shall be borne by the purchaser.
Article 17 (Fees)
１ When the contract to sell/buy is established, Seller must pay the usage fee according to the means prescribed by our company and Purchaser must pay the sum of the usage fee and the fee of items likewise. In addition to this, Seller must pay the shipping fee to send items to our company, and Purchaser must pay the shipping fee(This is included in the fee Purchaser paid) to send items from our company.
2 The Seller and the Purchaser shall be obliged to pay the expenses set forth in the preceding clause in the manner designated by the Company.
Article 18 (Application for withdrawal of payment)
1 After the validity of the sales contract has been confirmed, the Seller may apply to the Company for the withdrawal of the remaining amount after deducting the sales commission, etc. to be borne by the Seller through the use of the Services from the price of the valid and fixed sales contract received by the Company on behalf of the Seller in accordance with the procedures separately set forth by the Company. Provided, however, that our remittance of payment to the seller is limited to a bank account in the seller's name that has been registered in advance.
2 The fees arising from the withdrawal application set forth in the preceding clause and the number of days required from the withdrawal application to the remittance shall be set forth separately by the Company.
3 In the event that the bank account designated in the withdrawal application is incorrect and the transfer cannot be made, the transfer fee of 880 Japanese yen (including tax) is required.
Article 19 (Claims and re-Authentication)
1 The Purchaser may file a complaint with the Company if the items received are fake or if the items are defaced or damaged within 3 days of receipt of the items. However, in the event that the seal affixed to the items is peeled off when the Company certify as being authentic as a result of the appraisal, or in the event that the Purchaser opened the unopened items by itself, the Purchaser are not entitled to file a complaint.
2 In the event that the claim in the preceding clause is filed with the Company, the Company may request that the purchaser submit the evidences that the items are fake, such as photographs of the items.
3 The Purchaser may request the Company to re-appraisal for the relevant items based on the claim in clause 1. The expenses incurred by the Purchaser to send the items to the Company shall be borne by the Purchaser.
4 If, as a result of the re-appraisal, the Company is unable to confirm the authenticity of the relevant items, the sales contract between the seller and the purchaser shall be cancelled, and the Company shall refund to the purchaser the purchase price and the appraisal fee paid by the purchaser.
5 In the event of the preceding clause, the seller shall be obliged to return the amount equivalent to the sale price to the Company. In addition, the Seller shall bear the shipping charge for returning the returned items to the Seller.
Article 20 (Grant of free points)
1 The Company may grant free points to Members on the condition setting a validity period of 180 days in the event of a reason set forth by the Company.
2 The Member may allocate the free points set forth in the preceding clause to the payment arising from the use of the Services.
Article 21 (Members Responsibilities)
1 The Member shall, at its own responsibility and expense, settle any problems or disputes pertaining to the sales contract concluded through the use of the Services.
2 In the event that a Member causes damage to the Company or the third parties through the use of the Services, the Member shall assume the obligation and responsibility to compensate for such damage.
3 In the event there is a false or mistake in the information provided by a Member in the Services, and as a result, a Member suffers damage, the Company shall not be obliged to compensate or compensate for such damage.
Article 22 (Modification, Addition, and Termination of the Services)
1 The Company may modify, add or terminate the Services, in whole or in part, from time to time.
2 In the event of any change in the Services as set forth in the preceding clause, the Company shall notify the Member thereof on the Services website or otherwise. Provided, however, that this shall not apply in an emergency.
3 The Company shall not be liable for any damages incurred by the Member as a result of changes to the Services pursuant to Clause 1 hereof.
Article 23 (Interruption of the Services)
1 The Company may suspend the provision of the Services in whole or in part in the event of any of the following:
① Periodic or emergency maintenance of the Services Equipment, etc.;
② In the event that the Services cannot be provided as usual due to a natural disaster, incident, fire, power failure, or other emergency; or
③ Otherwise, in the event that the Company determine that there is a need for operational or technical or temporary disruption of the Services.
2 In the event all or part of the Services is discontinued pursuant to the provision of the preceding clause, the Company shall notify such discontinuation on the website of the Services. Provided, however, that this shall not apply in an emergency.
3 The Company shall not be liable for any damages resulting from any delay or interruption in the provision of the Services, in whole or in part, due to Clause 1 or any unavoidable reason.
Article 24 (Disclaimer)
1 The Company shall not be liable for any damages incurred by a Member as a result of acts of God or other force majeure (including, but not limited to, failure of lines, server failure, etc.).
2 The Company shall not be liable for any reason attributable to any Member or third party (including ① server down, server failure, data leakage, damage, or misplacement of information due to viruses or hacking, ② data leakage, damage, or loss due to a Member's operational error, and ③ changes in the Services environment and defects in the Services).
3 The Company shall not be responsible for the truth, update, certainty, etc. of any information provided by a Member in the Services.
4 The Company shall not be responsible for any problems or disputes arising between Members.
Article 25 (Handling of Personal Information)
The Company will appropriately handle the personal information of Members that the Company have acquired in accordance with the Personal Information Protection Policy separately set forth.
Article 26 (Use of personal information and usage history data)
1 When providing the Services to Member, the Company may produce statistical data, etc. after aggregating and analyzing the user records and personal information of the Services by the Member so that the Member cannot be identified and identified as individual, and use the statistical data, etc. (including but not limited to proposals to third parties, market research, and development of new services) without any restrictions, and the Member shall approve it in advance. The items of personal information included in the anonymized processing information that the Company create and the method of providing it to third parties are as follows:
② Year of Birth
③ Purchase history
④ Price history offered as a seller
⑤ History of prices offered as purchasers
⑥ Member ID
⑦ How to provide: Data files are encrypted and provided in a secure manner.
2 The Company may post on the Services the aggregation results, etc. based on the questionnaire results, usage history information data, etc. collected separately by Members, and Members shall approve them in advance.
Article 27 (Prohibited acts, Restrictions on use, and Deletion of Membership registration)
1 The Company prohibits the following acts of Members:
① Acts in violation of the Terms and Conditions or the bylaws set forth hereunder;
② Acts in violation of laws and regulations or public order and morality;
③ To imply, induce, encourage, or recommend illegal, criminal, or antisocial behavior;
④ The act of providing false, incomplete, or inaccurate information to the Company at the time of Membership registration or when concluding a sales contract;
⑤ Any and all acts that impede fair price formation through free competition among sellers and purchasers through the use of multiple accounts (such as attempts to manipulate bid prices using dummy accounts);
⑥ The act of a minor using the Services without the consent of their parental authority. Provided, however, that this shall not apply to the case where the consent of the person having parental authority is obtained at the time of the sale and the case falling under Article 5, Clause 3 of the Civil Code (Law No. 89 of 1896);
⑦ The act of listing items other than those stipulated in Article 9 (articles which can be listed);
⑧ Listing of items other than their own (including the act of listing stolen or suspected stolen items);
⑨ The act of transmitting or posting harmful computer programs, etc. such as computer viruses;
⑩ The act of obstructing the operation of the Company’s services or damaging the Company’s reputation;
⑪ Acts of using the Services using ID in the name of another person; or
⑫ Other acts that the Company deem inappropriate to continue to provide the Services based on reasonable grounds.
2 In the event that a Member is deemed to be in violation of this Terms and Conditions or to be in violation of any of the items of the preceding clause, the Company may restrict the use of the Services without prior notice or approval to the Member and delete the input information of the Member in the Services. In this case, the Company shall not be liable to compensate for the damage even if the Member incurs such damage.
3 In the event that a Member is deemed to be in violation of the Terms and Conditions or to be in violation of any of the items of Clause 1, the Company may cancel the Membership registration of the Services without prior notice or approval to the Member. In this case, the Company may invalidate the input information of the relevant Member, delete the relevant information and stored files, and prohibit the relevant Member from accessing the relevant information, files, and Services in the future. In this case, the Company shall not be liable to compensate for the damage even if the Member incurs such damage.
Article 28 (Anti-Social Activities)
1 The Member hereby represents and warrants to the Company that, as of the time being or in the future, it does not fall under any of the following anti-social forces:
① a criminal/anti-social organization (boryokudan);
② a member of a criminal/anti-social organization (koseiin);
③ an affiliate member of a criminal/anti-social organization (jun-koseiin);
④ a directors or employee of a business affiliated with a criminal/anti-social organization;
⑤ an organization/person which seeks to extort money from corporations by disrupting their shareholder meetings (sokaiya), an organization/person which uses social protect for extortion purposes (shakaiundo-hyobogoro);
⑥ A person who has not passed five years since he/she ceased to be a member of an organized criminal/anti-social organization; or
⑦ Any other person equivalent to any of the preceding clauses.
2 The Member hereby represents and warrants to the Company that he/she has no relationship falling under any of the following items with any person who is or will be in a close relationship with any of the anti-social forces or anti-social forces set forth in the preceding clause (hereinafter referred to as "anti-social forces"):
① Relationships that make use of anti-social forces, such as promoting illicit profit of oneself or a third party, or causing damage to a third party;
② Relationship with anti-social forces by providing funds, or granting convenience, etc.
3 The Members represent and warrant to the Company that they will not engage in any of the following acts by themselves or through a third party:
① Violent demands;
② Improper demands beyond legal responsibility;
③ Conduct that threatens or acts or uses violence in connection with the use of the Services;
④ The act of spreading rumors, damaging our reputation or obstructing our business by using fraudulent means or force; or
⑤ Other acts equivalent to those listed in the preceding items.
4 The Member hereby represent and warrant to the Company not to make the anti-social forces use his/her own name and apply for Membership to the Company.
5 In the event a Member falls under any of the following items, the Company may cancel the Membership contract and cancel the Membership registration without giving any notice to the Member:
① In the event it is found that a Member has made a representation that is contrary to the commitment set forth in clause 1 or 2;
② In the event that a Member commits an act in violation of the commitment set forth in clause 3;
③ In the event it is found that a Member has registered as a Member of the Services and obtained Membership qualification for the Services in violation of the commitment set forth in clause 4.
6 In the event the Membership contract is cancelled or the Membership registration is cancelled pursuant to the provisions of the preceding clauses, the Member shall compensate to the Company for the damages incurred by the Company.
7 In the event the Membership contract is cancelled pursuant to the provisions of clause 5 and the Membership registration of the Services is cancelled, the Member shall not be entitled to claim compensation from the Company for damages arising from the cancellation of the Membership contract or the cancellation of Membership qualification.
Article 29 (Measures and Obligations after termination)
1 In the event that a Member withdraws from Membership or cancels Membership registration and loses Membership status of the Services, the Company shall immediately discontinue the provision of the Services.
2 Even after the expiration of the Membership registration, Article 21 (Members Responsibilities), Article 24 (Disclaimer), Article 26 (Use of personal information and usage history data), Article 31 (Governing Laws) and Article 32 (Exclusive Jurisdiction) of this Terms and Conditions shall remain in full force and effect.
Article 30 (No Assignment)
1 A Member may not assign its contractual status in the Services, its position as a party to the sales contract concluded through the Services, or any other rights, obligations and status related to the Services to any other person.
2 In the event that the Company causes a third party to succeed to the business related to the Services due to business transfer or other reasons, the Company may assign to the successor such information as the contractual status, rights, obligations, and Membership registration information in connection with the succession of such business, and the Members shall agree in advance to such assignment.
Article 31 (Governing Laws)
1 This Terms and Conditions shall be governed by laws of Japan.
2 This Terms and Conditions shall be construed only by Japanese.
Article 32 (Exclusive Jurisdiction)
As regards any lawsuit relating to the use of the Services between the Company and the Members or the contract between the Company and the Members, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive consensus court of jurisdiction for its first trial in response to amount of the case.