- Terms of Service
Terms of Service
Article 1(Contents of Services We Provide)
1.Our Services provide an online auction marketplace for Companies. The items listed for the auction are limited to second-hand automobile related products (automobile recycled parts, forklifts, heavy equipment, bicycles, etc.). Users are responsible for each their own transactions. We are not responsible for the cancellation, termination, return, refund, warranty, etc. for each transactions, unless it is specified in these Terms.
2.Users shall fulfill all obligations in individual transactions at their own cost and responsibility.
3.We may be a Seller or Bidder.
4.All clock displays in this Services are based on the time on our server.
5.Buying items in this Services are for Buyer's business not for personal use or home use.
1."Services" shall refer the Services that are described in Article 1, Clause 1 of the Terms.
2."User" shall refer to a corporation or a sole proprietor who agrees to the Terms and uses the Services.
3."Seller" shall refer a User who agrees to the Terms and satisfies the eligibility of Sellers legally, and sells Items with the Services.
4."Bidder" shall refer to a User who agrees to the Terms and bids for Items in this Services.
5. "Buyer" shall refer to a User who agrees to the Terms and makes a highest bid for an Item through this Services.
Article 3 (User Agreement)
1.User may access or use this Services with their agreement to these Terms.
2.When Users have registered as a User of the Services and has performed the procedure for agreeing to the Terms, the user agreement shall be established between the User and us in accordance with the Terms.
We may add additional Services to this Services ("Additional Services") or change the contents of this Services without a prior notification to the Users. When users use this Services, they shall use it according to the Terms and the guidelines of this Services after addition and change.
Article 4 (Changes of the Terms)
We may make changes to these Terms without User’s agreement. Any changes will be posted on this page and we will notify User.
If user continue to use the Services after changing this Terms, or if user do not cancel their membership within fourteen days after the changes are posted, we think they have agreed to change this Terms.
Article 5 (User Account)
1.User registration must be done by yourself, and be sure to enter current and accurate information.
2.User shall not be able to have multiple user registrations in this Services.
3.We may not approve the application for membership registration if the person who wants to register is one of the following items.
(1)If the User is a minor when they start to use this Services
(2)User is in the European Union(EU) and the European Economic Area(EEA)
(3)If you have been suspended by our company in the past due to violation of this Terms
(4)If your registration contains incorrect or false information
(5)When you have disturbed our provision of this Services or use of other users. Or we determined that your behavior is a risk of doing so with reasonable reasons
(6)The Anti-Social Forces: (An organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person of above; A person who themselves or through the use of third parties conducts a demand with violence, an unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or any other equivalent actions of above; A person having such relationship with the Anti-Social Forces that shows the Anti-Social Forces' substantial involvement in the person's management; a person having such relationship with the Anti-Social Forces that shows reliance on the Anti-Social Forces; a person who cooperate and is involved with the maintenance or operation of any Anti-social Forces by providing funding to any Anti-Social Forces or any similar act; or a person who is engaged in socially condemnable relationship with the Anti-Social Forces.)
(7)When we consider that it is not suitable with reasonable reasons
4.Changes of Registration contents
When user's information has changed, they need to update their account information to keep it accurate and current. If user account information is not update after their information has changed, we can treat their account is current. Even if the information has changed to keep their information current, the previous transactions and procedures with their past information may depends on the information before the change.
5.Management of Account Information
・Users shall manage the user ID and password of this Services with user's own risk.
・Users shall not give and lend the User ID and password to a third party under any circumstances.
・User shall be responsible for any damages caused by improper management of the user ID and the password, the device to which the user ID and password have been entered, errors in use, used by third parties, etc., and we shall not be liable for the damage.
・User shall notice us immediately when the password has known to a third party, the device entered the password may be used by a third party, or user hold suspicious that the user ID or password has been used by a third party. In these cases, if we give the user instructions, please follow it.
・User has to change the password regularly, and we will not be liable for any damages for failure to do so.
Article 6 (Deletion or Suspension of User Registration)
1.Deletion or Suspension of User Registration
If users have violated our Terms or we suspect any of these prohibited conducts as following have occurred, we may take any of these actions: all or a part of user account deletion, refuse a user access to or suspend a user from all or part of the Service or prohibition of using the Service without previous notification. We may not explain the reason for the action.
In addition, we may contact Users or utilize a third party verification service to verify User Information. We may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification.
(1)When user engages the prohibited activities in Article 8
(2)If Item information contains improper information that is not deemed to be for sale, such as slander.
(3)If User does not make any necessary procedures or contact us
(4)When the registered information is duplicated with the existing registration
(5)When the registered mobile phone number or e-mail address is unavailable
(6)If User has excessive liabilities or user is insolvent or suspended their payment
(7)When a financial institution notify that user account is an illegal or has other problem
(8)User meet the conditions that any of Item 3 in Article 5
(9)User or a third person, user ordered to, do violently or unreasonably demands beyond legal to us. Or they spread a false information to defame our credit or reputation
(10)We determine that the user is not suitable as a membership
Article 7 (Termination of GAPRAS Membership)
User can resign the GAPRAS membership with our agreement. However, if there are any transactions that have not been completed, such as unfinished business or not sending of items to buyer, users cannot be withdrawn the membership. After the user has completed their transactions in accordance with the Terms, they can resign the membership.
2.Return of User Information
(1) When user loses the right to use this Services (including withdrawal, deletion of user information as our measure etc.), they may request us to return the user information, we store, in writing within one month from the date of loss. We will accept the request when we deem it appropriate the viewpoint of maintaining our technology and our confidential information. In this case, the method of returning user information to the user shall be decided by us. If the specific work occurred to return their information, the user should pay extra charge.
(2) If the user does not make an offer to us within one month after losing the right to use the Services, we may delete the user information without notifying, the user agrees it in advance.
Article 8 (Prohibitions)
1.Users agree not to engage in the following activities in using this Services.
(1)Using the service for any illegal purpose or in violation of laws and regulations or these Terms
(2)Providing benefits or other cooperation to anti-social forces.
(3)Using all data, articles, images, etc. belong to this Service to other sites, magazines and advertisements.
(4)To pretend to be someone else or intentionally sending false information.
(5)Bidding for item without any reason.
(6)Refusing to receive items without any reason.
(7)Returning items without any reason.
(8)Own transactions, internal transactions within related parties, false transactions.
(9)Direct transactions between Seller and Buyer in Items of this Service.
(10)To contact Seller or Buyer to talk about items in this Services by telephone or email, without our Services.
(11)To infringe the rights of the Service or bother other users or third parties.
(12)A fraudulent access to or promoting the act.
(13)Posting, uploading, or distributing any User Content or other content that is indecent, grotesque, objectionable, inaccurate, unlawful, defamatory, profane, harassing, threatening, offensive or otherwise inappropriate.
(14)Using, creation, or distribution of external tools that cause the Services to make use of bugs or that have unintended effects.
(15)Excessive burden on our servers, computers, or user’s.
(16)Uploading or disseminating any virus, adware, spyware, worm, or other malicious code.
(17)To prevent the operation of this Services.
(18)Using the Services for an improper purpose.
(19)Violation of Terms, other rules and guidelines set by us.
(20)Other things that we deem inappropriate
2.If user violates the provisions paragraph or do not fulfill their obligations to us, we may take some or all of the actions without prior notice to them, specified in the following items:
(1)Suspend the user from use of this Services / suspend or cancel the user's membership in accordance of the Article 6.
(2)Suspend seller from fulfilling the transaction or requesting the seller to suspend it.
(3)Request the user to make payments with a different payment methods from the time of ordering.
(4)Returning unfairly obtained profits to the user.
Article 9 (Retention User information)
Article 10 (Listing Item)
1.To be Sellers
・We examine whether Seller is a corporation or sole proprietor with a secondhand dealer license, and if the seller is not appropriate as a seller of the Services, we will not accept them as a Seller.
・Seller shall list items in accordance with the procedures prescribed by us (use of the listing form, listing with a parts name that match the item). Seller shall pay the Usage fee in advance to list items. Please check the detail in "Seller Guideline" as your reference.
・Seller shall explain the item in accordance with our quality standard.
Seller understands in advance that the item cannot be listed as specified below. If Seller list the following Items, they will violate of these Terms, regardless of their intention or negligence.
(1)Items not related to vehicles
(2)Items that are prohibited from being reused by the Law Concerning Recycling Measures of End-of-life Vehicles, such as processed airbags
(3)Items that violate the copyright, trademark, etc. of others
(4)Stolen vehicles and items removed from stolen vehicles
(5)Items forbidden to possess or trade by law
(6)Other items that we considers inappropriate or unsuitable for an operating policy of the Service, even if possession or buying and selling is not prohibited by law.
3.Withdrawal of Item
When Seller withdraws an item within one week after listed or if there was a Bidder, the Seller will be charged a cancellation fee per unit. Please check the detail in "Seller Guideline" as your reference.
4. Item Description
・The seller may not intend to list not for sale items for the market price survey, on this Service. Seller may not list items with insufficient descriptions to understand the quality or make Bidder confused. In addition, Seller must not post images unrelated to the item as item descriptions.
・Seller should list items with understanding the components of each part name and with an appropriate part name. Please list the information, condition and photos of the item in detail then.
Sellers may comply with the Antiques Dealings Act, the Act on Specified Commercial Transactions, the Act against Unjustifiable Premiums and Misleading Representations, the Unfair Competition Prevention Act, the Trademark Act, the Copyright Act, and other laws and regulations not to violate the third person’s right.
6.Prohibited activities for Seller
(1)Register and list items with a part name that does not match it
(2)Make a transaction that the volume and the actual transaction volume are different
(3)To describe the contents make the bidder misunderstanding
(4)Insufficient explains the item in the description box, NOTE or NOTICE.
(5)Post images or words that are not directly related to items in the listed title or item descriptions.
(6)Listing items not for sale for advertising purposes
(7)Disturb other auctions or transactions in progress
(8)Charge Buyer for unnecessary fee for an import or an export, except for the highest bid, shipping fee, customs clearance, and other taxes.
(9)Encourage Bidder or Buyer to transact without using the bidding system provided by this Services
(10)List item intended for sale to specific users
(11)Open the listing procedure or member’s page that we provide to sellers to third parties
(12)Seller purchase items listed themselves
7.Measures for Sellers
We take measures specified in Article 6 for sellers in the following situations.
-We judge the Seller violate the terms or the behavior is inappropriate as a Seller with a reason.
-Other user reports to us on the Seller’s inappropriate activity, and that is true.
In addition, when the seller is not improve or make no response after we notify them, we can cancel the listing content, occurred purchase transactions and the listed item information (Item description, photos, videos, etc.).
Article 11 (Quality Rank and Warranty Coverage)
1.Seller can list items with a quality rank based on the quality standard described in "About Quality Standard"
2.Sellers can list items as "Under Warranty" for B rank or higher items. The valid selling place for warranty is Japan. When the S rank item is sold, the valid selling place for warranty is Japan and Oversea area.
3."Under Warranty" engine assembly that metal, camshaft or cylinder under abnormal worn, large engine oil consumption, or low compression is also under the warranty. In principle, engine accessories are not covered by the warranty. If a malfunction occurs in the injection pump, supercharger, or carburetor within one day after swapped engine, the warranty shall be covered. However, if the Seller describes the defective engine accessories in the NOTICE or NOTE in advance, or if the Seller explains the parts condition in advance by talking in the chat box, e-mail, telephone, verbal explanation etc., the warranty is not covered.
4.For “Under Warranty” mission assembly, the warranty will be applied even if the inside of the mission or the torque converter stop working.
5.Even items with an "Under Warranty" are not covered by the warranty if they are under any of the followings.
(1)When the item break down after the expiration date of warranty term.
(2)Buyer or Resale destination have repaired this item without the seller's agreement.
(3)When the breakdown occurs intentionally or by the fault of the Buyer or Resale destination.
(4)After the breakdown has occurred, the Buyer does not notify the Seller of the failure status by email or photo etc.
(5)The Buyer or the resale destination get rid of this item without the seller's consent. In case the Seller and Buyer consents to the disposal as a result of discussion.
(6)The breakdown has occurred due to poor maintenance, adjustment error, non-execution of inspection and maintenance, incorrect installation process, remodeling, or violation of other periodic inspection obligations stipulated by law by Buyer or Resale destination.
(7)The breakdown has occurred when Buyer or the Resale destination uses genuine oils (lubricating oil) or Defective fuel not specified by the manufacturer.
(8)The breakdown due to overheating or insufficient oil when the Buyer or the Resale destination fails to manage cooling water or oils.
(9)The breakdown due to encountering a typhoon, earthquake, flood disaster, fire, theft, accident, etc.
(10)The Buyer or the Resale destination has a subjectivity of strangeness (oil smudged, strange noise, vibration, maneuverability, etc.).
(11)The breakdown in electrical system such as functional parts, suspension parts, and exterior parts.
(12)The item is used under severe conditions such as car racing or rallying.
(13)Buyer or Resale destination makes a mistake such as an incorrect order for this item.
6.Warranty Content and Warranty Term
・If the "Under Warranty" item, specified as previously article, break down that within the warranty range, during the warranty term, Seller will provide the Buyer with a replacement item of the same type, equivalent, and the same rank. If the Seller cannot arrange an alternative item, the Seller shall discount the item price or refund the item price and the shipping expenses to the Buyer.
・The warranty term for items shall be until the expiration date of as followings.
|Item name||Warranty Term|
|Engine Assy||Three months from the next day the item shipment, or the mileage reach 3,000 km after the item installation, whichever comes first|
|Manual mission Assy|
|Automatic mission Assy|
|Other functional parts||One month from the next day the item shipment, or the mileage reach 1,000 km after the item installation, whichever comes first|
|Exterior / interior parts||Within one week after the item arrives. After the item is installed or adjusted, it is not covered by the warranty|
・In the case of an item under warranty based on the mileage after the item is installed, the Buyer must declare the exact mileage before installing this item. Further, when the Seller asks for the proof of mileage, the Buyer must prove the mileage based on the method discussed with the Seller.
Article 12 (Bidding for Item)
The auction style in this Services is a closed-bid auction. The Seller know the bidder and bid price on the seller’s “My page”. Bidder will not be informed of other bidder or other bidder' bid price.
2.Item information for bidding
Seller and Bidder can ask and answer questions about the item. They cannot delete or modify sent messages. In addition, the content of the message will not be disclosed to the other user, but we may confirm it as necessary when we operate this Service smoothly. When a bidder bids for items on the Services, it shall be deemed that the bidder has agreed to all the conditions and NOTE or NOTICE of the item listed by Seller. In addition, when the item will be imported or exported to send to a Bidder, it is assumed that the bidder understand the regulations on import / export of the destination country and understand that there is no problem with the import / export of the items.
The bid price does not include consumption tax, a shipping fee, and handling charges for Seller. Please contact Seller about charges when Bidder and Seller talk about how to send the item before Bidder is decided as Buyer.
Please check "Bidder Guideline" as your reference.
4.Prohibited Activities for Bidder
(1)Bid for items or buy them for resale or pricing surveys.
(2)Request or encourage the seller to act likewise violation of the seller's prohibited activities.
(3)Seller cannot make a bid for an item that they have listed. If seller want to withdraw their listing item, do it with our prescribed procedure.
5.Cancel the Bid
(1)If Seller does not respond to Bidder's bid within 14 business days since the bid day, Bidder may cancel their bid.
(2)When Bidder or Buyer want to cancel the bid except (1), a cancellation fee is shown in"NOTICE" by Seller in each Product detail so check it before tell Seller to cancel the bid.
Article 13 (Payment and Transactions)
1.Make a transaction
・The sales contract for the item shall be signed when Buyer receives notification, Buyer’s bid is the highest bid, from the Seller. Seller and Buyer shall not transfer, provide take out a mortgage or dispose of rights and obligations to third parties under the sales contract.
・When the seller has concluded a sales contract for the listed item, the seller shall pay in the amount of the commission rate time the highest bid that we set as the auction fee of this Services. Please check the "Seller Guideline" as your reference.
・Seller ships items with the shipping date and delivery services that decided them with Buyer, after we notified Seller the confirmation of Buyer's payment.
・Seller agrees in advance that when we transfer the last month's sales to Seller account, the auction fees are calculated and deducted from the transfer.
・After Buyer is decided, Seller send Buyer the invoice through "Billing Detail." Buyer should pay it by credit card within 3 business days from the notification date.
・When Buyer wants to pay by bank transfer, a transfer fee will be Buyer’s cost.
・In case Buyer doesn’t pay within 3 business days, the transaction will be cancelled.
* When the shipment of item by sea with container, Buyer will need to pay the amount of fee after loading is completed and payment on invoice.
3.Troubles about Item
In the event that a problem occurs between Seller and Buyer for Item or transaction content, the trouble shall be resolved between the concerned Users.
4. Cancellation and Item Defect
The cancellation cannot be made after making a successful bid unless there is an agreement between the seller and Buyer.
When the listed item is in these conditions that, defective, the item description is clearly different from the actual item, or the item is damaged for defective packaging, etc., the seller shall be responsible. In that case, the seller shall be responsible for the dealing and cost to refund, item return, repair, or exchange.
Article 14 (Listing and Selling Items by Us)
We may list or sell items in this Services. In this case, there is no effect on this Services as an online auction services that provides an opportunity for users to buy and sell items.
Even if Buyer purchases the item that we listed, we may not be able to deliver the item due to system troubles, out of stock, delivery accidents and other circumstances. In that case, we may cancel the sales contract with Buyer for the item, and refund to Buyer or take other measures.
Buyer who purchases the item we have listed cannot basically cancel the sales or return the item. However, please contact us if there is any defect, such as damage or bad condition that was not described, on the item details page when Buyer make a successful bid within one week after receiving the item.
We will contact Buyer if it can be returned, so please follow our instructions to complete the return procedure.
In the event that Buyer purchases the items listed by us, Buyer shall perform the payment of the commodity price and other actions that Buyer should perform in accordance with these Terms.
When User pay the deposit in advance, they can use the following services:
(1)Shipping by Container
The amount of deposit will affect the shelf life of the container and the possible container size (20/40 feet).
(2)Extend the inventory holding period after a successful bid until payment
Depositing the deposit will extend the stock holding period for payment within three business days to a maximum of two weeks.
If Buyer want to use the deposit system, please contact us.
Article 15 (Shipment of Item by us)
1.If we sell goods in this Services, we will ship items to the winning bidder in one of the following ways.
(1)Small shipment: Pack the product with cardboard etc. and send it by small lot
We ship to a designated logistics Services company. Buyer accepts that we or a delivery company entrusted by us may confirm the date and time and other communications to Buyer over the phone, including at night, for product delivery.
(2)Container:Store the goods and ship them by container (only possible if Buyer deposit)
Unless the user who wants the container basically wants to ship other than the container, they will stock the goods for the container.
2. If Buyer is not present at the delivery address when the product is delivered, Buyer shall specify the redelivery date and time within the specified number of days from our delivery date or the delivery company according to the absence card distributed at the time of delivery. If no redistribution date is specified or absent at the redistribution date and time within the above period, or if it is difficult to deliver the product due to rejection of Buyer, unknown location or other reasons, we will At our discretion, we may cancel the sales contract with the purchaser and take other measures we deem appropriate.
Article 16 (Transition to other Services)
2.The user who continues to use this Services after transitioning to an external Services has agreed to the terms and conditions of the external Services.
Article 17 (Interruption, termination and change of this Services)
1.Interruption of this Services
We may temporarily suspend all or part of this Services without notifying the user in any of the following cases.
(1) When the Services cannot be provided due to failure of server, communication line, other equipment, failure, or other reasons.
(2)Maintenance, inspection, repair, or change of regular or emergency systems (including servers, communication lines and power supplies, and the buildings that house them)
(3)When the Services cannot be provided due to fire, power outage, etc.
(4)When this Services cannot be provided due to natural disasters such as earthquakes, eruptions, floods, tsunamis, etc.
(5)In the event that this Services cannot be provided due to war, upheaval, riot, mayhem, labor disputes, or any other force majeure
(6)In the event that this Services cannot be provided due to laws and regulations or measures based on it.
(7)In addition, if we determine that the Services needs to be temporarily suspended for operation or technical reasons.
2.Termination and change of this Services
We may terminate or change this Services in whole or in part for any reason at any time without prior notice to the user.
Article 18 (Disclaimer)
1. Our responsibility in this agreement is to operate this Services with reasonable efforts, and we do not guarantee any results resulting from the use of this Services.
2.We cannot guarantee that email content sent from our web pages, servers, domains, etc. will not contain harmful things such as computer viruses.
3.We may provide information or advice to users, but we do not guarantee the accuracy or usefulness of such information.
4.We are not liable for any damages caused by the user breaching these Terms.
5.In order for the user to use this Services, it is necessary for the user to prepare and maintain the customer's use environment such as the communication line, computer equipment, and software used by the user. We are not responsible for the improvement of the user's usage environment and any damage caused by the user's usage environment.
6.We will only be liable to user in connection with their use of the Services, except for the will of our own intentions or gross negligence, to the extent that damages occur to user in the normal and direct scope. We will compensate user for this. We shall not be liable for any damages arising from special circumstances (including cases where the damage is foreseen or foreseeable).
7.The user must determine the content, quality, accuracy, credibility, legality, usefulness, etc. of the content transmitted or posted by other users. We shall not be liable for any damages caused by users and third parties using our contents.
Article 19 (Intellectual Property Rights and Content)
1.Intellectual Property Rights
Any intellectual property rights to all the materials that make up the Services belongs to us and a third party who has the right. The rights that Seller posted on the Services belong to Seller. The user shall not acquire any rights with respect to all materials of this Services, and without the permission of the right holder, all rights including intellectual property rights including copyright, copyright, portrait rights, publicity rights, etc. User must not do anything that infringes on the right to the content material.
2.Use Information by us
We stores all information (including textual information, image information, but not limited to them) posted or uploaded by the Seller in this Services. Seller may agree that we can use them to operate the Services smoothly, improve it or advertise it (e.g. posting articles through posting on third-party media, etc.).
We have no obligation to back up the content to provide Seller's demand. Seller shall backup their content at their own expense and responsibility if the content is required.
4.Change and deletion of contents
If we determine that a user has violated these Terms or committed inappropriate acts in the operation of these Services, we may change or delete any content posted by such users without prior notice.
Article 20 (User responsibilities)
In the event of any dispute between users or user and a third party involving any trouble, such as a trial, a claim, compensation, etc., in connection with the Services, the useror third party shall resolve the dispute at his / her own responsibility and expense. We are no involvement in disputes. If the damage caused in this trouble to us, the related user or the third party shall conpensate it based on the damage. However, this does not apply if the occurrence of the dispute is due to our intentional or gross negligence.
Article 21 (Our responsibilities)
We will be no liability to the User in respect of any loss or damage suffered by the User as a result of our excercising our services, stop to provide this Services, terminate or change the provision of this Services, not accept as the user, cancel user registration, delete or lose content, lose data due to the use of this Services or damage equipment, our measures due to user violate the Terms, users suffered in connection with this Services. We shall not be liable for any damages except as a result of our intentional or gross negligence.
When we are under liability, our responsibility is for the actual and direct damages to user, due to our default or tortand damages. And the damages limit is the total amount of the usage fee we have received from the user.
Article 22 (General provisions)
We will contact user regarding the Services by using any method that we consider appropriate on the Services operated by us or the nature of the content of the contact. If we determine that it is necessary to notify and contact each user, we will notify and notify the registered e-mail address, address or telephone number using messaging function, e-mail, mail, telephone, etc.
2. No transfer
Users may not assign, transfer, secure, lend, or otherwise dispose of any contractual status under this Agreement or any rights or obligations under this Agreement to any third party.
In the event of any question not stipulated in these Terms or in the interpretation of these Terms, the User shall comply with the Company's provisions. If this does not resolve the matter, we and the user shall promptly resolve the matter after consultation in accordance with the principle of good faith.
4.Governing Law and Jurisdiction
This Agreement shall be construed in accordance with the laws of Japan, and any dispute arising between the User and the Company shall be governed by the Chiba District Court as the exclusive court of first instance in accordance with the content of the dispute.
Uploaded on April 25, 2019
Updated on March 27, 2020
Updated on April 23, 2020, Add Article 10, Clause 5 and 6
Updated on August 29, 2020, Amended Article 5, Clause 3
Updated on November 12, 2020, Add Article 12, Clause 5