Terms and Conditions

This terms of use (hereinafter referred as [terms]), determines the terms of use of using services (hereinafter referred as [service]) on this website by Navibird,Inc (hereinafter referred as [We or Our company]). Every user that has registered (hereinafter referred as [member]), must agree & consent to these terms of use before using this service.

Section 1 (Applying)

  • These terms will be applied to all relationships related to this service between member and our company.
  • In relation to this service, our company can apply various regulations (hereinafter referred as [Individual regulations]) besides this terms, such as rules for use, other rules besides this agreement,etc. Regardless of the name, these Individual regulations, are organized as part of this agreement.
  • If there's a contradiction between regulations on this terms and regulations on the Individual regulations, regarding Individual regulation, unless otherwise specified, regulations on Individual regulations will take priority.

Section 2 (changes on Terms of use)

Our company, if deemed necessary & depending on the situation can, at any time changes the terms without prior notice. However, if member starts using the services after the changes on the terms, said member is assumed to agree with the changes on the terms.

Section 3 (Registration for use)

  • Regarding the service, applicants, upon agreeing with these terms, shall register through means that has been decided by our company, depending on whether our company approves this registration or not, registration is considered finished. If the applicant is still a minor, they need to obtain approval from their guardians/parents before submitting the admission.
  • If the below cause is/are found by the company on the applicants, the application will not be approved, and there's no obligation for the company to disclose the cause.
    • The applicant's application is found to be false, writing error, or omitting information.
    • The application comes from the person who has violated whole or part of terms.
    • The applicant is a minor who didn't get approval from their parents/guardian.
    • The applicant has debt to our company.
    • The applicant interfering with our company's operation, delivery service, or usage of third party's service including seller (as explained in section 10), or performing an act that hinders operation of the aforementioned parties.
    • Other acts that our company deems unsuitable.

Section 4 (Member's ID & password management)

  • Member should properly manage their own member ID & password for this service, at their own discretion.
  • Member cannot, under any circumstances, transfer or lending their ID or password to third party or sharing, trading, pawning, etc with third party. Our company will consider that member ID & password are used by the registered member himself/herself if the login ID & password matches the registered information.
  • The company won't take any responsibility, if there's damage to member's ID & password due to being used by third party, unless it's intentional or there's negligence on the company's part.
  • If the company suffers any loss due to improper use of member ID or password by member, the member shall pay for compensation for the loss to the company.
  • Member have responsibility to periodically change their password, the company won't accept any responsibility to any damages to member's ID due to negligence of this responsibility. The company won't reissue member ID or password, unless in cases that the company deemed as special case.

Section 5 (Changes in notification)

If there's any changes in any matters notified to us at the time of registration application, member should, without delay, notify our company in a prescribed form.
Notification from our company, is regarded as arrived by the time they're normally reach members by sending them to the contact information that's been registered to our company.

Section 6 (Handling of personal information)

Our company will use member's personal information for below purposes.

  • For managing members
  • For offering or promoting our company's or third party's product, right, digital content, service, financial products (hereinafter referred as Goods, etc).
  • To implement promotional campaign, reward, questionnaire.
  • To simplify work related to member's registration every time member is using services from our Company or parent's company, subsidiary (hereinafter both referred as Company's group) that requires member registration.
  • To give important notification about service's operation information (this also includes notification from e-mail).
  • To give advertisement, announcement, sales offering from the Company or third parties (this also includes notification from e-mail)
  • For sending mail magazine.
  • For packaging and sending member's goods.
  • Billing calculation, billing charge.
  • For point, coupon, my register (hereinafter referred as point, etc) program.
  • To reproduce member's submitted information.
  • To correspond all kinds of questions & after-service.
  • For surveying & analyzing marketing data & researching about new kind of service.
  • For creating data statistics for company's or company's group business partner (hereinafter referred as business partner) that's been established before.

The company, can use member's ID, name, gender, mail address, telephone number, postal code, address, company name, department name, nickname, penname, date of birth, credit card information, purchase history, acquired point, etc information or point usage history together, for the aforementioned purpose.

In accordance to privacy policy, the company will take care to protect private information and will not provide private information to a third party in a state where it can be personally identified.
However, we can provide personal information, in case any of below occurs:

  • If allowed by member.
  • If required by law, or if disclosure is requested in legal procedures such as criminal investigations, etc, or if Company received an inquiry based on legitimate reason from public institutions such as costumer center, lawyer association, etc.
  • For sending member's purchase information to our business partner.
  • For disclosing to business partner when the member purchases or tried to purchase goods from our business partner.
  • When our business partner or seller (as defined in section 10) requesting disclosure of destination country and language selected by member when using this service.
  • When it's necessary for forwarding goods or for providing services.
  • For disclosure to carrier regarding to payment settlement.
  • For disclosure to our business partner for providing services such as points by our company or our business partner.
  • When entrusting all or part of our company's operation to a third party.
  • For disclosing to the person that succeeds the business when the business is succeeded due to merger, business transfer or any other reasons.
  • If acknowledged by personal information protection law or any other law.

The company use cookies when member is using services.

Section 7 (Withdrawal)

Member cab withdraw through our prescribed procedure. When a member is deceased, the company will consider said member to be withdrawing, and can no longer use their member ID and password.

Section 8 (Membership suspension or revoke)

The company can temporarily suspend or revoke member's membership, without prior notice or notification, due to below reasons.

  • The member is using or used member ID or password and our service for illegal purposes.
  • Member hasn't paid the bill until determined period.
  • When there's a request for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy or civil rehabilitation is made against member, or when an allegation is made to the member.
  • When there's a mistake in entering the password more than number of times specified by the Company.
  • When the member hasn't used the service within the period specified by the Company.
  • When the member violates any clause on the terms and Individual regulations, other than the above.
  • When the member doesn't comply or doing acts that the company deems unsuitable, other than the above.

Section 9 (Usage fee & method payment)

Members need to pay the usage fee displayed on the website separately by method specified by the Company as payment for using the service. If there's a delay on the payment by the member, member will be charged penalty by 14.6% of year membership fee.

If there's any payments that hasn't been fully paid such as item's payment, postage, successful bid, several commission fees, other expenses, etc, when member's using credit card for payment for using our services, members should accept that the company will add additional payment with the amount of said insufficient payment to the member's credit card without member's prior consent.

Section 10 (Service content)

This service is a service that delivers goods that're purchased by mail order or products specified by member (hereinafter referred as "Products") from affiliated internet auction exhibitor in Japan, affiliated EC site operators (hereinafter referred as "Sellers") to sites on internet (hereinafter referred as "online shopping site") to the members, for our company's members.

As stated before, our Company purchases products specified by the member based on member's instructions. Thus, the Company only carries responsibility to buy goods that has been specified by the member and the delivery of the goods, the company won't take any responsibility to questions, complaint, warranty against defects, and other demands regarding to good's content after it has arrived.

The company will buy the goods from the seller on behalf of member.

The member shall grant the Company the authority to conclude a shipping contract on behalf of member, and the Company shall, on behalf of member or the Company, conclude a shipping contract regarding the goods with the transportation business affiliated with the company.
The company isn't liable for any damage or loss suffered by the member regarding non-delivery, delay, damage or any other transportation issue due to a transportation accident unless when said issue must be blamed to the Company.
Members shall grant the Company's authority to conduct the delivery contract under the member or company's name.

Seller of which this service can be used with, Carrier that'll be used for this service, and product's size, type, weight, money amount, destination, and other conditions, can only be used within the scope that the company has predetermined. Members shouldn't use the service that exceeds the scope that's been determined by the company.

  • Tenso service is a service where the Company temporarily keeps goods that overseas member purchases from EC seller (hereinafter referred as "EC Company"), and then forwards said entrusted goods to the destination that's been specified by the member.
  • The company isn't entering any sales contract with the EC company regarding the product, The company isn't taking any responsibility regarding anything that's related with the product such as product's flaw, infringement of intellectual property right,etc.
  • The company isn't entering any shipping contract regarding the product with the carrier, The company won't take any responsibility to any damages suffered by members due to accident on delivery such as delay, damage and other transportation related issue. Members shall grant the company authority to conduct shipping contract on behalf of member.
  • Seller of which this service can be used with, Carrier that'll be used for this service, and product's size, type, weight, money amount, destination, and other conditions, can only be used within the scope that the company has predetermined.
  • Members can't cancel or change forwarding request, once it has been submitted, for any reason. Also, the Company won't send back the goods to EC company.
  • If the company receives goods with unknown destination from EC company, said goods will be disposed of immediately by other methods. Also, the company isn't taking any responsibility to any loss suffered by member as a result of this disposal.
  • The company shall inspect the content of notes & documents from the EC company without acknowledgement from member beforehand. Also, the Company may dispose of said documents in accordance to our judgement.
  • If a single order is separated due to circumstances on the EC company, the Company can't wait for package that'll arrived later to be recombined together with the package that've arrived earlier to be shipped together. In case of package separation, the packages will be registered individually starting from package that've arrived, member then will be charged with Tenso service postage separately.
  • There may be a case where the Company shall ship the goods with different shipping method that's been chosen by the member. Even in this case, member will still be charged with the fee for shipping method that's chosen by member.
  • In case of transport, export & import of the goods is prohibited, or when said goods or packages are returned due to restriction based on rules & custom duties of the export/import country, state, or local government, said goods will then be disposed of by disposal or other means.
  • If your packages or goods are returned for any reason, return shipping fee isn't required for EMS, but international parcel post (airmail, SAL, surface mail) incurs return shipping fee. This return fee is different from shipping fee, and the fee set by postal carrier in the destination country is applied. Members will be charged for this international return shipping fee. Also, if the goods are rejected due to member can't pay the return fee, after said goods is stored by the post office in fixed period, those packages or goods will then be disposed of. The company isn't taking any responsibility for any loses occurred to the member as a result of this disposal.

Section 11 (purchase of goods)

Members shall apply for the purchase of the products with methods specified by our Company.

Applying for the purchase of the products can only be done by the member.

Regarding application from the members, by our consent, the Company will do purchasing of the product on behalf of the member.

Unless approved by the Company, Members can't cancel the application, even before the contract is concluded, after applying for the purchase of product.

The company reserves the right to either or not approves a Member's application.

Between Members & our company, the delivery of product, as a rule, is considered to be completed by the time the product has been delivered from our warehouse.

If the seller has points for the purchase of products, those points shall be held by the Company.

Expenses for the purchase of goods, as well as expenses related to delivery of the goods (hereinafter referred as "Commodity Fee") will be charged to member, while other expenses will be charged to our company. Commodity fee consists of postage of goods from seller to our company, incidental costs related to product purchases such as transfer fees to the seller, Japan's domestic tax and customs duty in destination country, service usage fee, as well as, fees related to overseas delivery will be included. However, our company, as a rule, regarding postage of goods from seller to our company, will be chosen based on the description on our service page. Also, regarding the payment to the seller, among the prices that the seller presents, the one with the lowest price will be chosen, and member will be considered to be agreed with this.

Member, upon purchasing the products, also must pay the fee that's shown to our company. Our company can change the service usage fee, without prior notice. If the product can't be purchased due to defects on the requested product, members will be charged with the price posted on this service, minus the price of the said product, if the requested product is an auctioned item, and the service usage fee is lower than the winning bid price, said bid price or product price will be charged to the member instead.

Members shall agree to pay commodity fee as explained in paragraph 8 of this section with the payment method that has been established by the company until time period that has been established before by the company.

If member can't pay the commodity fee of the goods until the decided time period, member must pay late penalty by 14.6% per year to the company.

Members can't transfer rights from agreement with our company to any third parties and can't be disposed of by ways such as offering it as collateral insurance at all.

If member can't pay product's fee that has been established in paragraph 8 of this section such as commodity price until time period that has been established before by the company, our company can terminate the agreement without any notification beforehand, even after the termination of the agreement, our company can still demand compensation for damage to member.

Our company, for any reasons that falls under section 16 on this term, can revoke an agreement with the member without prior notice, even after it was agreed before.

If the agreement is revoked after member purchased goods, the Commodity fee won't be returned to member. If member refused to receive the goods, the company shall be able to sell, scrap, return or dispose by other means, said goods that's been received from seller, member can't claim any loss from said disposal.

Section 12 (Restricted goods)

Members can't use this service for below goods.

  • Cash as well as checks, bills, stock certificates, gift certificates, cash vouchers and other stocks & bonds.
  • Cards such as credit card, cash card, etc.
  • Bank's Passbook for deposit & savings or cards for deposit & withdrawal from bank account.
  • Letter or means of communication that's defined as letter by law.
  • Live animal, dead animal or mounted animal.
  • Human body or parts of human body, corpse, remains, mortuary tablet.
  • Fresh foods as well as food & drink that's easily decomposed.
  • Stimulants, cannabis, narcotics, psychotropic drugs and other prohibited substances.
  • Firearms, swords, weapons, explosives, poisons, hazardous substance.
  • Child pornography, adult videos, and other obscene items.
  • Stolen items or items obtained by illegal means.
  • Items that're restricted or forbidden to transport or export/import, according to laws in origin/destination country, region, local government, including transit countries.
  • Other items that're not allowed to be handled in carrier's shipping contract.
  • Other items that the company deems inappropriate.

Section 13 (Goods inspection & delivery)

Our company will inspect arrived package in order to confirm content of the package. At that time, if the company deems necessary, packaging materials can either be collected or added. However, it doesn't mean that the company will always inspect every package, and result of the inspection doesn't guarantee individual goods quality, whether there's any defects or not, authenticity, as well as whether or not content of packages violates local law of the destination country of transit areas. In addition, goods that's temporarily received as well as inspected by the company can't be sent directly to the designated area by member on Japan or overseas from the seller.

The company will perform the work described in the previous section according to our company's standard procedure. In this inspection, we can confirm whether there's any obvious difference between the item and seller's description of the item (hereinafter referred as "product description"). Please note that the product description is only based on original description by the seller and doesn't include the result of automatic translation.

As a rule, our company can't perform confirmations such as confirmation of contents that're not described in product description, confirmations that requires specialized product knowledge such as brand authentication, confirmation of contents quantity that exceeds 25 points per item, confirmation that requires assembly or disassembly of the item, confirmation that requires opening of packaging, sealing, etc, electrical item operation confirmation, confirmation of recording media contents such as CD, etc. In addition, the result of this inspection doesn't guarantee product's quality, lack of defects, authenticity, whether the item doesn't violate laws and regulations of destination/origin country as well as transit places or not, products operational, and lack of damages.

In the event of inspecting the goods as described by paragraph 3 of this section, if we found an item that violates or most likely violate the law of Act of prevention of delivering illegal goods, our company will notify the police or other legal institutions, and possibility of taking measures such as submitting the goods to said institutions, etc.
The company won't accept responsibility of member's loss or damage that's caused by said inspection.

Shipping & export procedure will be done after package inspection is completed, on behalf of member. In addition, destination areas that can be designated by the member are Japan as well as overseas countries that's been determined by our company. The company shall be able to set the shipping method, international shipping fee, handling fees and other costs related to the delivery, based on the weight and size of the product at the time of product's confirmation. Also, delivery date of the goods, shall be arbitrarily set by the company, member can't specify delivery date & time.

Our company shall carry out the delivery of the goods, as per member's instructions as stated in the preceding paragraph under member's responsibility. Therefore, the company won't take any responsibility regarding information related to import/export such as product's name, product amount, product quantity, etc that's stated on the invoice and the amount of customs duty that accompanies it and import prohibition law by destination country. In addition, all custom duties & taxes incurred in the destination country due to importing goods, shall be borne & paid by member themselves.
Depending on the delivery conditions set by member, depending on package's size, material, weight, etc, shipping method, international shipping fee from Japan, other shipping fees related to package delivery (hereinafter referred as "Shipping costs") can be predicted and set independently by the company, based on company's own experience & know-how.
In this case, the shipping fee set by the company is an approximate amount and may fluctuate, and if there's any discrepancy between the shipping fee set by the company and the actual shipping fee, said discrepancy won't be refunded. We ask for your understanding in advance.
The company isn't obligated to report the details of each expenses and report it to member, whether there's one or not.
Unless notified by company's prescribed method, members aren't allowed to change the delivery destination of the goods.

Section 14 (Cancellation due to item not arrived)

On behalf of member, the company will purchase the goods from seller, after receiving an application from the member regarding acting as proxy for purchasing goods. Therefore, member can't cancel the application at their own convenience, even before the agreement is completed, after applying, unless company consents about it. In addition, it's not possible to cancel the agreement, even after conclusion of said agreement, unless the company consented about it.

The company can cancel the purchase of the product by member, if any of following conditions are met

  • When the seller of the product requests cancellation of the purchase.
  • When the goods didn't arrive from the seller within 30 days, after order competition day.
    *However, this didn't apply when there's a notice such as reserved product, made after order item, etc, on the product description or other methods of description, which caused delay on product's arrival.

Section 15 (Returning an item)

In an event where a member finds that the actual product is clearly different from the product description on the online shopping site, as a result of inspection described in section 13 of this term or when event described in paragraph 2 of preceding section occurs, the company, on behalf of member, will negotiate with the seller about the product, such as returns & refund. The company will refund the amount of money that's received from the seller. However, the company don't guarantee negotiations result to the member.

Regarding of returning the product in accordance of previous paragraph, member must bear the work cost of returning the item, as well as the actual cost of return shipping fee.

Section 16 (Service refusal)

The company have the right to deny the service, even when our company have confirmed the application for the service, due to reasons stated below.

  • When the items is/are item that's specified in section 12 on this term.
  • When the company can't confirm member's address or destination address of the item.
  • When the carrier doesn't carry the item.
  • When suspended by customs.
  • When the member doesn't pay for the product.
  • When there's a mistake on sales conditions such as product price that's being presented by the company or seller.
  • When the company deems that the product, of which member has applied for purchase, is too difficult to obtain.
  • When the member didn't pay for the product, by the time specified by the company.
  • When the member didn't receive the product, by the time specified by the company.
  • When member violates this term.
  • Other acts that the company deems inappropriate.

Section 17 (Disposal of non-deliverable items)

When items, as specified in section 12 on this term, arrived at our company, the company may sell, dispose, return, or disposing by other methods said items.

The company, if reasons described in preceding section (excluding clause 1 and 8 of preceding section, also applies for below parts on this section) occurs, and if the company has already received those items, the company will store those items for 30 days from the date of receipt).

If the above reasons have all been resolved by the member within the period set forth in preceding paragraph, member can instruct the company to deliver the items to member's address with the method specified by the company.

If the member doesn't resolve all the reason stipulated in the preceding section within the time period stipulated in paragraph 2, and if the member wishes to dispose the goods within the same period, the company will be able to sell or dispose the goods by other means.

The company isn't liable for any damage to the member that's caused by disposal of goods specified in this section.

Regardless of this provision, the company will follow the procedures under the Civil Execution Act.

Section 18 (Restrictions)

Members aren't allowed to conduct any of the below when using our service.

  • Acts that goes against law or public order.
  • Acts that's associated with criminal acts.
  • Acts that infringes trademark and/or intellectual property rights of the content of this service and copyright included in this service.
  • Acts that destroys or interferes with our company, other members, or other third parties' server or network's function.
  • Acts that involves using information that's obtained with this service for commercial purposes.
  • Acts that have possibility to interfering with our company's service management.
  • Acts that involves unauthorized access or trying to.
  • Acts of collecting or accumulating other member's personal information.
  • Acts of using this service for illegal purposes.
  • Acts that can cause loss, damage, or discomfort to other members of this service or other third parties.
  • Acts of impersonating another member.
  • Advertising, publicity, soliciting or business acts that's not permitted to do on this service by the company.
  • Acts for meeting with unacquainted person.
  • Acts of directly or indirectly providing funds to anti-social forces through our company services.
  • Other acts that our company deems inappropriate.

Section 19 (Service suspension)

The company can suspend or interrupt all or part of service to members without prior notice, for any of reasons below.

  • When performing maintenance or update to the computer system related to this service.
  • When providing service becomes difficult due to force majeure such as earthquake, lightning strike, fire, blackout or natural disaster.
  • Other reasons that makes performing the service difficult.

The company won't bear any responsibility for any damages suffered by member or other third parties due to service's suspension or interruption.

Section 20 (Usage restriction and deregistration)

If the member falls any of the following, the company can, without prior notice, restrict all or part of service to the member, or remove the member altogether from member's registration.

  • If any of terms of this agreement is violated.
  • If any of registered information are false information.
  • When payment obligations such as fees aren't obliged.
  • When there's no response to contact from us after certain period.
  • The service hasn't been used after certain period from last use.
  • Other usage of service that the company deems inappropriate.

The company won't bear any responsibilities for any damage suffered by member that's caused by this restriction.

Section 21 (Disclaimer)

The company shall not subject to any factual or legal defects (defects related to safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, etc, error or bug, infringement, etc also included) in this service, whether its explicit or implied.

The company doesn't take any responsibility to any damage suffered by the user by this service. However, if the contract (including this term) between the company and the member regarding this service is a consumer contract specified in the consumer contract law, this exemption doesn't apply.

Even in the case specified by the preceding paragraph, the company shall not subject to any responsibility for special kind of damages to the member (Including cases where the company or user can foresee or predict the occurrence of the damage) because of the company's negligence (excluding gross negligence) due to debt default or tort. In addition, compensation for damages to the user because of company's negligence (excluding gross negligence) due to debt default or tort is limited to the amount of the usage fee received from the member in the month when the damage occurred.

The company doesn't take any responsibility for transactions, communications, disputes, etc that've occurred between member and other members or any third parties regarding this service.

Section 22 (Change of the service content)

The company can, without prior notice to the member, change content or suspend provision of this service, the company won't take any responsibility for any damages to the member that's caused by this.

Section 23 (Treatment of Personal information)

The company will properly handle any personal information obtained from this service in accordance with company's "Privacy policy".

Section 24 (Notification or contact)

Notification and contact between the company and member, will be done by the method specified by the company. Unless a member reports a change in accordance with the method specified by the company separately, the company will consider currently registered contact valid and notifies or contact the member through said contact information. It's assumed that the member has been reached by the time of transmission.

Section 25 (Prohibition of transfer of rights and obligations)

Members can't transfer the status on these terms of use or the rights & obligations on this term to any third parties or offering it as a collateral, without written consent from our company.

Section 26 (Governing law/Jurisdiction)

The governing law for interpretation of this agreement and individual contracts shall be Japanese law.

If there's a dispute regarding this agreement, individual agreement and this service, the court over the location of the company's headquarters shall have the exclusive agreement jurisdiction.

Revised in Sep 1, 2020
Revised in Nov 29, 2016

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