Appliance repair service - Terms and Conditions | Tenso JAPAN | Overseas shipping / transfer, mail order proxy purchase, auction proxy bid

Appliance repair service - Terms and Conditions

Navibird, Inc. ("Company") provides a repair service ("Service") for registered users of the Company's "Tenso JAPAN" service, which delivers items to international locations. For users of the Service, the Company maintains a User Repair Support Service Terms of Use ("Terms of Use"). Users of the Service ("User") pay a fee ("Repair Support Service Fee") for a service plan ("Secure Plan") using a payment system that the Company specifies. If a User pays the Repair Support Service Fee, the Company assumes that the User agrees to be bound by the Terms of Use.

Article 1: Definitions

The capitalized terms shall have the following meanings, unless additional definition is provided.

"User" is a user of the Service bound by the Terms of Use.
"Membership" refers to the User's state of being subscribed to use the Service.
"Secure Plan" is the Service plan available to Users.
"Repair Support Service Fee" refers to the fee for using the "Secure Plan". This fee depends on the kind of Secure Plan selected.
"Delivery Costs" are charges for international delivery, forwarding, domestic shipping, packaging and other expenses.
"Household Appliances" refers to home electrical appliances that Users have purchased at stores in Japan or online. Such appliances should have not less than one year's warranty from the manufacturer and should correspond to a product line that can be repaired in Japan. The Service is not available for parallel import goods and business-use or corporate-model appliances, even if bought in Japan. Lists of eligible manufacturers and eligible product categories for this Service are provided as Appendix 1 and Appendix 2 at the end of this document.
"User-Owned Appliance" is an electrical appliance owned by a User. The appliance may have been purchased either before or after the User subscribed to the Service.
"Tenso Household Appliance" refers to an electrical appliance transported from Japan to another country by a User of the Tenso Japan service and owned by that User. This applies only to appliances that the User transports after subscribing to the Service.
"Multilingual Service" is a basic provision of this Service by which a User can receive an explanation of the Service in Japanese, English, Chinese (traditional or simplified) or Korean.
"Repair Process Support Service" is a support service for the whole repairs process, such as how to use the dedicated form for repairs requests into which Users can input and select their native language ("Dedicated Repairs Request Form" below), and guidance for packing and shipping goods for which the repairs request has been made.
"User-Owned Appliance Representative Repair Service" refers to a service through which arrangements can be made for the necessary procedures and translation work required for making a repairs request to Japan following the breakdown of a User's household appliance. Users must bear all expenses, such as the cost of repairs.
"In-Warranty Tenso Household Appliance Representative Repair Service" is a service through which arrangements can be made for the repair of Tenso Household Appliances that are still within the manufacturer's warranty period. Some models intended for overseas markets but repairable in Japan (goods intended by the manufacturer for use in Japan and abroad) are eligible for repairs for the content equivalent to that specified by the manufacturer's warranty. However, repair costs must be covered by the User, as per Article 8, when the repair contents are not covered by manufacturer warranty (e.g. breakdown due to exempt causes such as exposure to abnormal voltage, accidental damage etc.).
"Out-of-Warranty Tenso Household Appliance Representative Repair Service" refers to a service available after the manufacturer warranty period is over, when a product breaks for reasons other than accidental damage. In this situation, the Company will accept to repair the product for a certain period of time. As long as the cost of a single repair does not exceed the product value, the Company can repair as many times as needed during this period. As per the above (Article 1.12), the cost of repairs must be covered by the User in the cases provided for in Article 8.
"Subscription Date" is the User's date of subscription to the Service. In the case of this Service, it is the date of payment of the Repair Support Service Fee.
"Manufacturer Warranty Start Date" refers to the date specified as the beginning of the warranty period by the manufacturer, such as the appliance shipping date, date of purchase etc.
"Number of Simultaneous Repairs Requests Permitted" is the number of Household Appliances for which ongoing repairs requests are permitted at the same time, as specified by the Secure Plan.
"Date of Repairs Request" is the date on which the confirmation screen for transmission of the Dedicated Repairs Request Form is displayed.
"Receipt Date of Repairs Request" refers to the date on which the confirmation email is sent to the User, after the necessary cells of the Dedicated Repairs Request Form have been filled out and language translation has been completed.
"Repair Period" is the term during which repairs are taking place, from the Receipt Date of Repairs Request to the date of shipment of the repaired product.

All dates and times given in this document and during the Service are based on Japan Standard Time.

Article 2: Range of Services Available

The Service is a multilingual representative Repair Service for User-Owned Appliances or Tenso Household Appliances.
All Users must subscribe to at least one of the Secure Plans for Tenso Household Appliances.

Article 3: Contents of Service

The Service is made up of 5 individual components, as follows.

Multilingual Service;
Repair Process Support Service;
User-Owned Appliance Representative Repair Service;
In-Warranty Tenso Household Appliance Representative Repair Service;
Out-of-Warranty Tenso Household Appliance Representative Repair Service.

Article 4: Authority

The Company may open packages and inspect their contents, but the Company has no duty to perform content inspections. An inspection doesn't guarantee the product quality, presence or absence of defects, authenticity or legality according to the relevant laws and regulations of the dispatch country, transit country or destination country. The Company may obtain and hold information on the product itself and the means of purchase by photographing or scanning packages' content. Users must agree to this, but the Company is not responsible for the existence or reliability of the information.
If the Company receives a product from an unknown address for delivery, the Company may discard or otherwise dispose of the product immediately. The Company bears no responsibility for any loss suffered by the User as a result of such disposal.
If the Company receives a product that is banned by the Tenso JAPAN service, the Company may discard or otherwise dispose of it immediately. The Company bears no responsibility for any loss suffered by the User as a result of such disposal.

Article 5: Period of Service and User Subscription

For services 1–3 in Article 3, the period of service is one year from the Subscription Date.
For service 4 in Article 3, the period of service is one year from either the Subscription Date or the Manufacturer Warranty Start Date, whichever is the earlier.
For service 5 in Article 3, the period of service is two years after the expiry date of service 4 in Article 3.
User subscription is assumed to be valid during the period of service.

Article 6: Content of Secure Plan and Repair Support Service Fee

The Company includes details of the Secure Plan and the Repair Support Service Fee in Appendix 3 at the end of this document. The Company may change details of the Secure Plan and the Repair Support Service Fee without notifying the User. If a product is not in good condition when it arrives at the Company's warehouse, or for certain other reasons, the Secure Plan will not be available for the product.
The Secure Plan includes the Number of Simultaneous Repairs Requests Permitted. Users may not make simultaneous repairs requests beyond this number.
If a User applies for multiple Secure Plans at the same time, the Number of Simultaneous Repairs Requests Permitted will be cumulative. In this case, the User may make repairs requests up to this cumulative number.
Each accepted repairs request will entail a deduction of 1 from the User's Number of Simultaneous Repairs Requests Permitted while the repair is ongoing. Once repairs are completed, the Number of Simultaneous Repairs Requests Permitted will be reset to the original.

Article 7: How to Make a Repairs Request

If a Household Appliance has broken, the User can make a repairs request by entering the required information into the Dedicated Repairs Request Form on the ‘My Page' screen of the Company website. In certain cases supporting documents may also need to be attached.
If a User needs to change his or her own registered information, or his or her User ID expires, the User must change the information via the Company's required methods in advance of making a repairs request, or the Company will be unable to process the repairs request.
When packing up the product for repair, the User should include the following items:
- The product for repair in the box it was packed in at time of purchase;
- A printout of the repairs request acceptance confirmation form, in the box;
- The manufacturer's warranty (original);
- The delivery note and receipt, written in Japanese, to prove the product was bought in Japan (original);
- Other documents that the Company may need (original, printout or copy).
The User must agree in advance that all data held on the product's memory device may be deleted during the repairs process.
If the product has not reached the Company's designated delivery address one month after the date of the User's repairs request, the request will be automatically canceled and the User will need to start the repairs request process again from the beginning (Article 7.1). If the period of service has expired by the time the User orders the Service again, the User will not be eligible for the Service.
The User must carefully consider the product's packaging and delivery when returning the product to the Company to use the Service. The item must be put back in the original box and packaged with enough suitable material to act as a shock absorber so as not to increase the damage. If the Company judges that preparation for delivery is insufficient or unsuitable, the User will not be eligible for services 3, 4 and 5 in Article 3.

Article 8: User Expenses

Users of this Service must cover expenses including but not limited to the following.

Extra fees for particularly onerous repairs and any other onerous work, as per article 10.
Cost of delivering items to the Company-specified repairs location and cost of returning repaired items to User.
Installation and removal fees for Tenso Household Appliances (including installation and removal, materials, overheads and any other necessary costs).
Installation and removal fees for replacement items (including installation and removal, materials, overheads and any other necessary costs), returns delivery costs for Tenso items, fees for disposal of electric items as per the Recycling Law, etc.
If the Company is unable to reproduce the fault in a Household Appliance or the repair is found to be ineligible for the Service, the User must bear all associated costs including delivery costs. This also applies in cases where a User cancels a repairs request for his or her own reasons.
Customs duties, clearance expenses, and any other charges, penalties or delivery costs inside and outside Japan, when the item has been certified as an imported or exported item.

Article 9: Service Ineligibility

The Service is not available in the following cases.

When the price declared at the time of selecting the User's Secure Plan differs from the price stated on the delivery note and receipt.
When the Company finds evidence of misinformation, fraudulent rewording, doctoring or forgery of the manufacturer's warranty document or other documents necessary for the repairs request.
When an item is not on the repairable item lists for this Service (given in Appendix 1 and 2).
When the Company finds that an item cannot be repaired in Japan.
When an item is suspected to have been acquired by misappropriation of credit card, theft or fraud, or when the purchasing process is not transparent.
When an item has been traded at auction or between individuals.
When an item is found to be second-hand at time of purchase, including items bought in a second-hand shop and former display items.
When an item for repair cannot be shipped to Japan due to establishment of agreements and laws between countries, or customs, declarations and changes in interpretations of trading concepts.
When a manufacturer refuses a repairs request for an item used overseas, whether or not the repair is free of charge.
When the Company otherwise judges that it is difficult or not appropriate to accept a repairs request.

Article 10: Repair Service Ineligibility

Regarding the services described in Article 3.3, 3.4 and 3.5, the Repair Service is not available in the following cases.
- When the User requests repairs from parties other than the Company and the Company's contractors.
- When the defect or failure comes from manufacturer-specified expendables, such as various types of batteries, rechargeable batteries, electric light bulbs, filters, ink cartridges etc., or from the use of expendables not specified by the manufacturer.
- When the defect or failure is caused by improper repair performed by individuals or firms other than the manufacturer and their designated contractors, or is caused by alteration, extension or addition.
- When the Company establishes that a User has made a false declaration or has failed to declare certain information.
- When the defect or failure is caused by deliberate misuse or mismanagement such as theft, misplacement, inappropriate storage etc.
- When the defect or failure is the result of inappropriate installation and setup.
- When the defect or failure occurred before the product was opened and set up, or when the defect or failure occurred soon after delivery but the User failed to take action within a reasonable deadline.
- When the defect or failure can be repaired through making an adjustment that doesn't involve replacing parts, through maintenance, cleaning, recovery, resetting or properly configuring the settings.
- When the defect or failure has no effect on the function or use of an item, such as damage to body of item, screen burn, missing pixels or reduced brightness.
- When the defect or failure results from normal wear and tear, rust, mould, decay, discolouration or other deterioration over time and does not affect item's normal use.
- When the defect or failure is caused by the direct or indirect actions of animals, including pets, whether predictable or not.
- When the defect or failure results from a problem with a storage device inserted in the item, e.g. hard drive, SSD, or memory device, including the loss and recovery of data caused by such a problem.
- When the item, model, or replacement parts and components needed for repairs are limited versions.
- When the defect or failure is the result of problems with attached components or peripheral devices (including those supplied with the product and those bought separately), accessories, software and anything else that is not part of the main TENSO product, or when the defect or failure is caused by compatibility problems with these attachments.
- When an item is used for business purposes or corporate activities, whether by a company or an individual, regardless of purpose.
- When the defect or failure results from unintended or overly rigorous use, or use that exceeds the manufacturer's recommended limits (as per item's user manual or product label).
- When the defect or failure results from earthquake, tsunami, flood, storm surge, landslide, volcanic eruption, diastrophism, land subsidence, salt damage, gas damage or abnormal voltage.
- When the defect or failure results from the influence of radiation or other harmful effects caused by nuclear fuel material (including spent nuclear fuel, radioactive substances and materials contaminated by them, and the products of nuclear fission).
- When the defect or failure is caused by war, civil war, riots, conflict or other similar unrest.
- When the defect or failure is caused by asset freezing or asset seizure due to exercising of a country's public authority or public body.
- When the product sent for repair is different from the product listed on the Dedicated Repairs Request Form (including a difference in serial number).
- When a repairs request is made after the expiration of the period of service.
- When the manufacturer terminates maintenance support for the product.
In addition to the above, regarding the services described in Article 3.4 and 3.5, items are not eligible for the Repair Service in the following cases.
- When the defect or failure results from physical damage such as dropping, contact with water or fire.
- When the cost of repairing the defect or failure can be recouped through insurance or warranty (including product recall) other than that provided by the Company's Service.

Article 11: Replacements

Under Article 3.5, if the cost of repair exceeds the item's original price or if a repair is not possible (for reasons including but not limited to required components not being available from the manufacturer) a replacement item specified by the Company shall be provided, which may be the same item or an equivalent item from a different manufacturer.
When the Company provides a replacement item, the User may not choose the product name, model or number or other specifics.
When a replacement is provided this Service is considered to have been terminated.

Article 12: Termination of Service

Depending on the User's Secure Plan, the Service will be terminated in the following cases.

When the period of service expires.
When a replacement is provided to the User as per Article 11.
When the User loses the Tenso Household Appliance through theft or misplacement.
When the ownership of the Tenso Household Appliance is transferred to an individual other than the User, as a result of sale or gift, whether free of charge or not.
When there is a serious violation of one or more of the provisions in this document on the part of the User.
When the User commits an act that interferes with the operation of the Service.
When the User commits any other act that the Company judges to be inappropriate.

Article 13: Handling of Personal Information

The Company makes use of the User's personal information for the following purposes.
- Termination of this Service, contract management and pursual of various procedures.
- Collection and delivery of items for repair and implementation of repair service.
- Responding to enquiries from the User regarding the Service and the User's individual policy.
- Provision of further offers connected with the Service, such as other services, additional plans and after-sales services.
- Provision of information on available products and services.
Company may provide the User's personal information to specified contractors as part of the provision of the Service.
In addition to the two preceding paragraphs, the Company may provide the User's personal information to third parties in the following cases.
- When the Company deems it necessary for emergency reasons such as the preservation of human person life or public order and decency.
- When required by court of law.
- When the Company considers it particularly necessary for management of the Service.

Article 14: Indirect damages

The Company is not responsible for any damages, including indirect damages, special damages, compensation damages, bodily injury or death, other than direct damages, even if they occur as a result of the provision of the Service, whatever the circumstances.
If direct damage occurs as a result of the provision of the Service, the Company shall assume that it is sufficient to compensate the User up to the value of the Repair Support Service Fee paid by the User.

Article 15: Prohibited Conduct

In the utilization of this Service, Users must not engage in or appear to engage in the following conduct.
- Use of this Service or the Tenso JAPAN Service for illegal purposes.
- Infringement of the Company's or a third party's intellectual property rights, such as trademark rights, copyright, design rights and patent rights, as well as portrait rights, publicity rights or any other rights.
- Actions related to a criminal offence, such as fraud etc.
- Impersonation of a third party when using the Service.
- Improper or damaging use of equipment belonging to the Company or to a third party.
- Violation of these Terms of Use or of public order and decency.
- Interfering with operation of this Service or the Tenso JAPAN Service.
- Attempting to profit from repairs performed as part of this Service.
- Any other conduct that the Company deems inappropriate.
If the Company considers that a User is in violation or appears to be in violation of the preceding paragraph, the Company will suspend or cancel the User's eligibility for the Service. From the point when eligibility is suspended or cancelled the Company will cease to accept new repairs requests and will suspend any repairs requests already accepted.
If a User loses eligibility for the Service, or the issue causing suspension of eligibility is not resolved one month after eligibility is suspended, the Company will cancel processing of any repairs requests already accepted. At this time the Company may decide to return an item or dispose of it. If the Company returns the item, the User must bear the delivery costs. The Company assumes no responsibility for any losses incurred as a result.

Article 16: Refunds and Cancellations

The Company will not refund the Repair Support Service Fee in any circumstances other than the following: if the Tenso Japan Service is not operating and as a result the Service can't be provided; if the Company subsequently notices that the particular Tenso Household Appliance is not eligible for the Service, and as a result the Service can't be provided.

Article 17: Governing Laws

These Terms of Use and individual articles' shall be governed by and construed in accordance with the laws of Japan.
Any and all disputes regarding these Terms of Use shall be adjudicated exclusively by the District Court closest to the location of the Company's headquarters. In the event of any conflict or inconsistency between the Japanese and English versions, the Japanese version shall prevail.

Date of agreement: October 21, 2015

• Appendices

- Appendix 3 -

< Details of Secure Plan and Repair Support Service Fee >

Plan name	Basic Secure Plan Apb01	Basic Secure Plan Apb02	Premium Secure Plan App01	Premium Secure Plan App02	Premium Secure Plan App03	Premium Secure Plan App04	Premium Secure Plan App05	Premium Secure Plan App06	Premium Secure Plan App07
Number of Simultaneous Repairs Requests Permitted	2	3	4	5	6	7	8	9	10
Article 3.1 and 3.2	Multilingual Service and Repair Process Support Service. Number of uses permitted: Unlimited. Period of service: One year from Subscription Date.
Article 3.3	User-Owned Appliance Representative Repair Service. Number of uses permitted: Unlimited. Period of service: One year from Subscription Date.
Article 3.4	In-Warranty Tenso Household Appliance Representative Repair Service. Number of uses permitted: Unlimited. Period of service: One year from either the Subscription Date or the Manufacturer Warranty Start Date, whichever is the earlier.
Article 3.5	-		Out-of-Warranty Tenso Household Appliance Representative Repair Service. Maximum repair cost: Price of Tenso item excluding tax. Number of uses permitted: Unlimited. Period of service: Two years from expiry date of service 4 in Article 3.
Repair Support Service Fee per item (Parentheses indicate standard price excluding tax)	(JPY 2,000) Campaign Price: JPY 1,000 (50% off)	(JPY 3,000) Campaign Price: JPY 1,500 (50% off)	(JPY 5,000) Campaign Price: JPY 2,500 (50% off)	(JPY 10,000) Campaign Price: JPY 5,000 (50% off)	(JPY 15,000) Campaign Price: JPY 7,500 (50% off)	(JPY 20,000) Campaign Price: JPY 10,000 (50% off)	(JPY 25,000) Campaign Price: JPY 12,500 (50% off)	(JPY 30,000) Campaign Price: JPY 15,000 (50% off)	(JPY 35,000) Campaign Price: JPY 17,500 (50% off)

October 1, 2015

End of Appendices

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