Terms

Terms and Conditions

1. GENERAL TERMS

SECTION 1: ACCEPTANCE OF TERMS

Toms trading company welcomes you. The Term of Service (TOS) constitutes the entire agreement between you and Toms trading company and governs your use of the Toms trading Services, superseding any prior version of this Term of Service between you and Toms trading with respect to the Toms trading Services. By accessing and using our services “you” herein referred as the user accept and agree to be bound by the terms of the TOS which may be updated from time to time with prior notice to the user. Users will be notified via e-mail, general postings on the service Website or by other means deemed appropriate by the company. If users do not indicate that they do not accept changes when they next use the service, or within one week of notification of said changes, users will be deemed to have accepted the changes. You can view our current Terms of Service at any time.

SECTION 2: CHOICE OF LAW AND FORUM

You and Toms trading agree that the Terms of Service and the relationship between the parties shall be governed by the laws of the Japan. Should any disputes between user and the company occur with regard to the service and/or any contracts concluded through the service, the parties concerned agree to attempt to settle any such disputes in a sincere manner through discussion. If any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between user and Toms trading cannot be resolved through discussion, both parties agree to submit to the personal jurisdiction at the Tokyo District Court or the Tokyo which holds original, exclusive jurisdiction over the dispute, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

SECTION 3: INFORMATION SUPPLEMENT

Should changes occur in user information such as name, address, telephone number, and other information provided to the company at the time of application, users must report any such changes to the company immediately. The company is not liable for any damages incurred by the user or a third party due to failure to inform the company of the changes in user information noted above. Where the user neglects to inform the company of changes in registered information, the user understands that the company will deem any notification sent to have been received by the user at the time it is supposed to be received, even if said notification returns to the company as undeliverable, as the notification will be sent as indicated in the information previously provided to the company by the user.

SECTION4: PROHIBITIONS

Users of Toms trading website are subject to the following restrictions

  1. Actions that infringe on company or third party copyrights or other rights, or causes loss or damages to a third party or to the company.
  2. Actions resulting in the defamation of a third party or the company.
  3. Actions that run counter to public order and morals (including obscenity, prostitution, violence, atrocities, abuse, etc.) or actions deemed by the company to potentially lead to such violations, or the action of providing information that runs counter to public order and morals to a third party.
  4. Utilizing the service as a third party.
  5. Falsifying or suppressing company or third party information through access of the service.
  6. Utilizing harmful computer programs such as viruses through the service or in conjunction with the use of the service, or providing any such programs.
  7. Actions leading to inconvenience or loss to the company or a third party, actions that may interfere with the service, or actions that impede operation of the service.
  8. Utilizing the service in order to cause significant interference to the use of the service by other users, either directly or indirectly.
  9. Actions that may promote any of the above actions including linking to sites that carry out the above actions (including where said actions are carried out by a third party).
  10. Other actions deemed inappropriate by the company.

SECTION 5: COPYRIGHTS

  1. User may not utilize any information or files accessed via the service by any means whatsoever without the permission of the copyright holder for any purpose besides individual personal use.
  2. User may not, by any means whatsoever, have third parties utilize or disclose information or files obtained through the use of the service without the permission of the copyright holder.
  3. Should any disputes arise due to violation of the rules stipulated in this section, the user is responsible, financially and otherwise, for the resolution of such disputes. The company will not be held liable in any way, and the user will not cause loss to the company.

SECTION 6: ITEMS RELATING TO THE SALES CONTRACT

Users who wish to obtain an estimate for used cars (hereinafter referred to as “goods”) sold through the service can request the estimate via the service by means specified by the company by entering the required information (name, address, e-mail address, etc.). Where an estimate is requested according to the procedure described above, it will be forwarded to the user within 24 hours from the time we receive your message by e-mail. Should a user be unable to obtain an estimate due to incorrect or incomplete information, etc., and as a result incurs loss such as damage or conflict, the user is responsible, both financially and otherwise, for resolving any disputes arising. The company will not be held liable in any way to these matters.

SECTION 7: CLOSING THE CONTRACT

  1. Users wishing to purchase goods through the company's website should remit the amount indicated in the CIF specified by electronic wire transfer, or should remit the funds to a specified account by other means of settlement as stipulated by the company in the currency specified by the company. Users are responsible for any charges relating to the remittance of funds.
  2. The user closes his part of the contract upon confirmation of receipt of said remittance by the company.
  3. Once payment has been made by the user and confirmed by the company, and the user (hereinafter referred to as the buyer) and the company both agree to the sale, the buyer is promptly notified by e-mail, or other means deemed appropriate by the company, that the contract has been concluded. Users who have made remittances are assumed to have understood and agreed to the terms of the contract.
  4. It is the responsibility of the buyer to obtain information in advance regarding any import regulations in their own country before beginning the contract, and to report these to the company. Further, the buyer is responsible for paying all customs charges relating to the good in their country.
  5. It is the sole responsibility of the buyer to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in (4) above. The company will not be held liable in any instance whatsoever. Furthermore, the buyer is liable for any resultant damages incurred by the company, while the company bears no liability for any such damages.

SECTION 8: TERMINATION OF CONTRACT

  1. Even where the buyer has fulfilled his part of the contract as described under “Closing the contract” the company reserves the right to terminate the contract where the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the buyer has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the buyer. In such instances, any funds remitted or payments made to the company will be returned to the buyer deducting the cost of transfer of such funds. The company pays no interest whatsoever on funds held through the date of refund.

SECTION 9: FORWARDING AND SHIPPING

Once the contract has been concluded with the buyer and the appropriate paperwork (Japanese export customs administration, shipping arrangements, etc.) completed, the buyer will be promptly notified of shipping details by email and also by phone.

SECTION 10: REINBURSEMENTS

  1. Refunds are made only where there is a reasonable basis for such action, such as where agreement is not reached on a contract for the payment concerned.
  2. Refunds may also be given where both parties agree, even where no reasonable basis as described in (1) above is recognized.
  3. Bank fees assessed on remittances related to refunds as described in (1) and (2) above are paid by the buyer, except where the company is largely responsible.

SECTION 11: TRANSFER OF PROPERTY RIGHTS

  1. The timing of transfer of property rights between the company and the buyer is governed by the International Commercial Terms (InCoTerms) set forth by the International Commercial Terms (ICC), as noted on the estimate at the time the contract is concluded. Ownership of goods purchased under F.O.B. quote is transferred at the time they have passed the ship's railing, while that of goods purchased under the CIF is transferred when the goods pass the ship's railing provided the shipping documents have been issued. In other cases, transfer timing is determined by the company and the transferee based on individual circumstances.
  2. Where the company and the buyer agree to conditions other than the above, their agreement takes precedence.

SECTION 12: TRANSFER OF RISK

  1. The ICC's InCoTerms apply to the timing of transfer of risk on goods between the company and the buyer, as noted on the estimate at the time the contract is concluded.
  2. Where the company and the buyer agree to conditions other than the above, their agreement takes precedence.

SECTION 13: PRODUCT LIABILITY

  1. Company sales are based on as-is condition at the time of sale. The company bears no liability whatsoever for problems, including failure and/or accidents, with buyer purchases of goods where such problems arise from defects etc. is the responsibility of the commodity manufacturer (hereinafter referred to as “the manufacturer”). Further, the company holds no liability for damages so incurred by any third parties.
  2. The company and buyer may agree to conditions other than the above, in which case their agreement takes precedence.

SECTION 14: COST BURDEN

  1. In the extremely rare event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of the company, the company will pay all repair and compensatory costs involved, regardless of the rules stipulated in section (1) above.
  2. The company and buyer may agree to conditions other than the above, in which case their agreement takes precedence.

SECTION 15: RETURNS

  1. Where a contract is concluded as stipulated above, the company will not allow for any returns once the goods or property rights on such goods have been transferred.
  2. Exceptions to the above may occur where the company is largely responsible.

ADDITIONAL INFORMATION

1. MEMBER ACCOUNT, PASSWORD AND SECURITY

The company will not dispose of or disclose information provided to the company by the user in requesting an estimate, or information that becomes known to the company through the process of the user utilizing the service, except when required by law.

2. TERMINATION AND SUSPENSION OF SERVICE

The company may terminate or suspend operation of the service under the following circumstances:

  1. For regular or emergency system maintenance or work on the service, or under unavoidable conditions such as a company system failure.
  2. Where due to earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the service cannot be operated as usual.
  3. Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
  4. Under any other circumstances where the company deems temporary suspension necessary to the operation of the service.
  5. The company will inform users in advance when operation of the service is to be terminated or suspended as per the above. Note, however, that this may not be possible in emergency situations.
  6. The company is in no way liable for damages incurred by users or third parties resulting from termination or suspension of the service.

3. VIOLATIONS

Please report any violations of the Term of Service.