General Terms and Conditions

1. Applicability of Terms and Conditions

Car Hub Japan (hereafter referred to as ‘the company’) herein defines the following set of rules and regulations (hereafter referred to as ‘the terms’) for those using the company’s internet sales service for used vehicles and other amenities (hereafter referred to as ‘the users’ and ‘the service’ respectively.)

2. Scope of and Changes to the Terms and Conditions
i.  These terms and conditions apply to both the company and users of the internet sales service. Both parties will strictly observe these the Terms and Conditions in an honest manner.
ii.  If any changes are made to the terms, the users will be immediately notified by the company. If users fail to expressively deny these changes when they next utilize the service or within the following week of receiving the notification of said changes, it will automatically be considered as users accepting these changes.
iii.  If one or more Clauses or specific parts of Clauses includeded in the Terms is believed to be unproductive or not executable, the remainder of these Clauses or parts of the Clauses along with the Clauses or parts of the Clauses deemed as unproductive or not executable will remain completely operational. The company and/or users will legitimize the Clauses or parts of the Clauses deemed as unproductive or not executable and review it as required to expedite enactment. Both parties will actively work towards achieving the originally defined object, in addition to legal and economic impact of the concerned Clause or part of the Clause.

3. User Notification
i.  Except when otherwise stated in the Terms and Conditions, users are informed through the company by means of a notification communicated via e-mail, general posting on the service website or by using other methods of communication regarded as appropriate by the company.
ii.  When notification as defined in (i) above is forwarded via e-mail, the said notification is regarded as complete when this e-mail is sent to the users’ e-mail addresses.
iii.  When notification as defined in (i) above is forwarded via general postings to the service Website the said notification is regarded as complete after the notification has been posted to the service website and is visible to the users.
iv.  Once notification as defined in (ii) or (iii) above has been delivered, information contained in the notification is operational immediately.
v.  Users are obligated to review the notification issued from the company via e-mail without any further delay. User inspection e-mail is defined as the users displaying mail delivered to their server on the screen, prudently reading through the content, and confirming that it has been understood.

4. Requirements for Using the Service
Users are responsible for attaining equipment required to utilize this service, including all communication equipment, software, internet access, etc.

5. Information Supplement

i.  In case of amendments in information for instance name, address, telephone number, and all other information communicated to the company at time of registration, the users should inform of any such changes to the company immediately.
ii.  The company will not be held accountable for damages caused to the user or a third party because of failure to notify the company about the changes in user information defined above.
iii.  If the users fail to or neglect to notify the company of changes done to registered information, the users understand completely that the company will consider notifications sent to have been received by the users at the planned time, even if the notification is returned to the company as undeliverable, as the notification will be delivered using the information previously provided to the company by the users.

6. Restrictions
The following actions are prohibited for users of this service

i.   All actions which trespass on the company or third party’s copyrights or other rights, or actions which are considered a threat to these rights.
ii.   Actions which infringe the company’s assets or privacy, or actions which are considered a threat to these rights.
iii.   Besides clauses (i) and (ii) of this section, actions which can cause damage or loss to a third party or to the company or actions which are considered a threat to such damage or loss.
iv.   Transference of rights specified in the Terms and Conditions to a third party.
v.   Acts leading to defamation of the company or a third party.
vi.   Actions which are against the public morals and code of conduct. Or actions which are considered to cause such desecrations, or the provision of information which runs against public morals and code of conduct to a third party.
vii.   Utilization of services as a third party.
viii.   Concealment or fabrication of the company’s or third party’s information via access of the service.
ix.   Using damaging computer programs and software for instance viruses through the service or in correspondence with the utilization of the service, or offering any such software or programs.
x.   Actions which may lead to inconvenience or damage the company or a third party, action which might obstruct services, or action which delay operations of the service.
xi.   Actions which might endorse any or all of the aforementioned actions, even when the actions are not carried out directly by the users.
xii.   All other unlawful action or action which might lead to unlawful situations.
xiii.   Other actions deemed as inappropriate by the company.

7. Copyrights
i.   Users may not utilize any files or data recovered through the service by any means at all without the consent of the copyrights holder for any purpose excluding individual usage.
ii.   Users should not by any means, authorize third parties to use and/or disclose files or information acquired using the service without prior authorization of the copyrights holder.
iii.   In case if disputes arise because of the violation of rules mentioned specifically in this clause, the user will solely be responsible financially and in all other ways.

8. Requesting an Estimate
i.   Users who want to obtain an estimate for secondhand vehicles and other amenities (hereafter referred to as ‘goods’) available through the service can request using the means defined by the company by entering the necessary details (name, address, contact number, e-mail address etc.).
ii.   An estimation which is requested in line with the procedure defined above, will be delivered to the user within three working days through e-mail or other means deemed appropriate by the company.
iii.   Estimates will be delivered within three business days as described in (ii) above, only if the users completely fill in the necessary information specified under the rules of service. If the user is not able to receive the estimate due to incomplete and/or incorrect information, etc. the user is solely responsible for the ensuing damage and/or loss, both financially and otherwise for resolving any arising disagreements. The company is not going to be accountable in any way and the user shall not cause any damage to the company.

9. Conclusion of Contract
i.   Users who wish to obtain/purchase goods from the company via the company’s service should pay the specified amount in the stated estimate (described in Clause 8).
ii.   The contract is settled when the payment is transferred to the company’s specified account through the means described above, or when payment is transferred using other methods stated by the company, and when payment is confirmed by the company.
iii.   Once the user has transferred the payment and the company has confirmed receiving it, the user (hereafter referred to as the ‘Client’) and the company equally approve of the sale. The client is informed promptly via an e-mail, or other means considered suitable by the company, regarding the conclusion of the contract. Users who have made settlements are thought to have understood and agreed to this estimate.
iv.   It is the sole responsibility of the client to explore import regulation of their respective countries and report them to the company. Furthermore, the client is also responsible to pay all applicable taxes in their country.
v.   It is an obligation on the client to strictly abide by import restrictions, directions and guidance from the related authorities which arise from ignoring to proceed as describe in Clause (4) above. The client will not hold the company responsible in any situation which may arise. Additionally, the client is also liable for damages sustained by the company as a result. The company does not bear accountability for any such damage.

10. Termination of Contract
i.   Even when the contract has been settled as described in (ii) of Clause 9, the company reserves all rights to terminate the contract in case delivery of the goods fails due to import restrictions or instructions etc., from the authorities of the client’s country, if the client has made incorrect statements or where it is acknowledged that the contract is thought of as impossible to execute as a result of the client’s actions.
ii.   In occurrences stated in (i) above, the payments made to the company are not going to be refunded to the client in full. Any incurring transactional or bank charges are to be paid by the client and the company furthermore pays no interest on funds held.

11. Forwarding and Shipping
i.   When the contract is concluded and the necessary paperwork (Japanese export customs administration, shipping arrangements, etc.) is completed, the client is promptly going to be informed of all the shipping details.
ii.   Delivery time is subjected to change due to circumstances beyond the control of Car Hub Japan or its shipping partners. Circumstances are as follows Fire, War, Storm, Heavy Rainfall, Industrial disputes, extensive military mobilization, insurrection, requisition, seizure, embargo, restrictions in the use of power and defects or delays in deliveries by sub-contractors caused by any such circumstance referred to above whether occurring prior to or after the formation of the contract.

12. Transfer of Property Rights on Goods
i.   The arrangement of the transfer of property rights regarding the company and the client is managed by the International Commercial Terms (incoterms) endorsed by the International Chamber of Commerce (ICC), as noted on the estimate when the contract is concluded. The legal possession of goods which have been bought under the F.O.B quote is transmitted when they have successfully passed the ship’s railing. However, in the case of goods which have been purchased under C&I, CIF, and CFR terms, the possession is transferred when goods pass the ships railing as long as the shipping documents have been issued actively. In other situations, the transfer timing is selected by both the client and company based on individual conditions.
ii.   If both the company and client agree to conditions on top of the above mentioned points, the agreement can take precedence.

13. Transfer of Risk
i.   ICC’s incoterms apply to the transfer of risk on goods between the client and the company as well, when noted on the estimate at time of the conclusion of the contract.
ii.   If both the company and client agree to conditions on top of the above mentioned points, the agreement can take precedence.

14. Liability of Product
The company’s transactions are all based on as-is condition at point and the time of sale. The company will accept no responsibility for any problems such as breakdowns and/or accidents with client purchases of goods where problems like these arise due to miscarriages, defects etc. which are the duty of the maker of the product (hereafter referred to as the ‘the manufacturer’). Moreover, the company hold no accountability for the reimbursements sustained by the third parties.

15. Liability of Defect
i.   From the moment the property rights get transferred, the company will not be held accountable for any damages bore by the client. This includes failures and defects. Additionally, the company also does not hold liability for damages incurred by third parties.
ii.   Both parties might agree to the terms and conditions defined apart from those mentioned above, in which case the agreement takes precedency.

16. Cost Burden
i.   The company will not be responsible for expenses pertaining to accidents or failures which arise because of failures or faults which are the liability of the producer, or for any other damage sustained by the client or third parties. The client will be responsible to cover the cost burden necessary to resolve any such issues.
ii.   Both parties might agree to the terms and conditions defined apart from those mentioned above, in which case the agreement takes precedency.

17. Returns
i.   When a contract is concluded as specified above, the company will not permit for any returns after the property or good rights have been actively transferred.

18. Safeguarding User Information
The company is not going to disclose information sent by the user requesting information or estimate delivered via the process of user consumption at any given time, expect under the subsequent situations:

i.   When the user allows the company to reveal limited personal information
ii.   When the company discloses figures collected on personal information (without the specification of individual users) for evaluation of developments in the usage of service.
iii.   If disclosure of information is a legal requirement.

19. Suspension and/or Termination of Services
The company might suspend or terminate the process of service if the following circumstances arise:

i.   For system maintenance and/or work on the service, or under unavoidable situations for instance system failures.
ii.   Due to blackout, natural disasters, fire, rioting, labor disputes, war, civil unrest, system failure because of hacking of system or virus, or any other emergency conditions because of which the service fails be delivered at the given time.
iii.   When limited or ordered by a government institute, or where services of various other electronic communications companies have been deferred or terminated.
iv.   Under other situations where the company deliberates provisional suspension required for the smooth processing of the service.
v.   The company will inform users prior to the suspension or termination of the service taking place. However, this might not be possible in emergency conditions.
vi.   The company will not be held accountable for damages incurred by users or the third parties as a result of the suspension or termination of the service.

The brand name, logo design and graphics of Car Hub Japan present on the website and other mediums, along with the products and services offered are trademarks of Car Hub Japan. The brand or company names, logo and graphics, and trademarks mentioned on the website of Car Hub Japan are the property of their respective owners. Moreover, these mentions do not establish or imply endorsement, recommendation or sponsorship or thereof by Car Hub Japan and do not constitute or indicate endorsement, recommendation or sponsorship of Car Hub Japan by the respective trademark owners.