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Terms of Service
Neokyo Service Description
Primarily, Neokyo (also referred to herein as "the Service") acts on requests on behalf of Members by bidding on and purchase goods from third party sites, and by sending purchased products to Members via their shipping carrier of choice.
The service can not be used in the case the user intends to ship his orders to a Japan domestic address. The service should only be used to ship the purchase to an oversea address outside Japan.
Definition of a Member
Limitation of Liability
As explained in the "Service Description" section, the service involves Neokyo's purchase of products specified by a Member in accordance with the Member's instructions.
Therefore, Neokyo is only responsible for the purchase and shipping of products submitted by a Member. And therefore is not responsible for any claims regarding the description of the products received, any defects, or other claims.
Neokyo is not affiliated with any auction site, their affiliates, or any other company mentioned on this site. Neokyo is not an auctioneer and we have no affiliation with any sellers. We do not make any suggestions about the items you can find via this site. The translation tools offered by our site are only present for the convenience of the user.
Please, make sure the item meets your expectations before doing any bidding.
Alterations to the Terms of Service
Neokyo reserves the right to modify these terms of service without prior notice provided and without prior acceptance of these terms of service by its user base. Use of the Neokyo site by the Member means the acceptance of these terms and any modification of these terms.
Products for which the use of Neokyo is prohibited
A Member must not use Neokyo to import the following types of products:
- Items weighing more than 30 kilograms or whose size or weight exceeds the limits allowed by the delivery company (Japan Post).
- Stimulants, cannabis, narcotics or other illicit substances are prohibited.
- Food or drink, or any other item that can easily deteriorate or spoil.
- Firearms, swords, weapons, ammunition, powders, explosives, poisons and dangerous substances.
- Medical supplies and equipment.
- Child pornography, adult videos, or other obscene material.
- Items containing a magnet (these can be accepted only if shipped by FedEx)
- Items containing dangerous substances such as gasoline oil or gas.
- Any item containing a lithium battery.
- Items whose transport, export, or import are prohibited or restricted by the laws and regulations of either the exporting / importing country, including transit countries, national or local governments.
- Items not authorized for transport by the carrier (Japan Post, FedEx, etc.) Any object containing or which may contain gas or compressed air (such as a tire, spray paint can, or gas cylinder)
- Dead or living animals or plants.
- Importing products containing alcohol may be limited according to your local legislation. Please inquire about this before bidding on this category of items.
- Other products which Neokyo considers improper.
Inspection, delivery, and return of products.
After the delivery of items to our premises, Neokyo can inspect packages to verify their contents. Neokyo can remove or add packaging if deemed necessary.
However, Neokyo has no obligation to inspect the product. Moreover, if an inspection does take place, the result of the inspection does not guarantee the quality of the product, the presence or absence of defects, the authenticity of the product, or that the said product will not violate the laws or ordinances of any countries while the product is en route to the it's destination.
If, after the inspection of the product, we detect an element that violates or is likely to violate the laws and regulations in force, Neokyo may take measures to report such a situation to the relevant authorities.
Even if the result of the verification process concludes that a Member has been the victim of fraud, Neokyo does not assume any responsibility.
After completing the verification process, Neokyo performs procedures for shipping or exporting products overseas on behalf of the Member. Neokyo may, at its discretion, determine the method of delivery, international delivery charges, and other expenses such as postage and handling charges, and/or the costs necessary for the delivery of products according to the weight and size of the goods.
Neokyo may, at its discretion, decide on a shipping date for the products if the Member cannot specify a shipping date.
In case of dispute or fraudulent action, neokyo will try to contact the seller. If the problem is not resolved, we can file a complaint on the relevant sales platform and let you know the results of the complaint. If the complaint outcomes does not meet the member expectations, Neokyo can not be held responsible. Neokyo can only reflect the compensation delivered by the seller, the sales platform or the carrier depending on the situation. If the items purchased on behalf of the member were never received by Neokyo, no refund will be possible in the event that no recourse to the sales platform, seller or carrier is possible.
The Member acknowledges that if, as a result of the verification process, Neokyo believes that the product clearly differs from the details that the seller has given in the product description, Neokyo will negotiate with the seller of the product on behalf of the Member for the return of the product and for a refund.
Neokyo reimburses Members the amount of the refund received from the seller or marketplace as a result of said negotiations. However, Neokyo does not guarantee the outcome of the negotiations.
International Shipping and Refunds
Our company is not a part of any contract of carriage with a carrier for the transportation of a product, and our company assumes no responsibility for losses suffered by a Member in connection with non-delivery, delay, damage, etc. that result from an accident during transport.
Any fees, duties and taxes that may arise before and after the shipment are the responsibility of the Member.
The Member gives all authority to Neokyo to conclude a contract of carriage on behalf of said Member. None of the estimates of the delivery time of the package appearing on the site are binding for Neokyo, and the exceeding of these deadlines by the company providing the transport does not, under any circumstances, open the possibility of a partial or total refund of the expenses settled before the expedition.
Neokyo must complete the delivery process of the product under the responsibility of the Member and in accordance with the instructions of the Member.
Therefore, Neokyo cannot be held responsible for information relating to the export and import of products, such as the name of the product, the price of the product and the quantity of the product on the invoice, or for the amount of tariffs incurred on the basis of this information, or measures such as import bans, etc. imposed by the country of destination. The Member must be required to pay all customs duties incurred in the importation of the products and taxes collected by the country of destination.
A Member may not change the delivery destination of the products unless the Member submits an application using the form prescribed by Neokyo. These requests are void if the package has already been taken into account by the delivery provider.
Refusal to provide service
In the situations described below, Neokyo may refuse to provide the service, even if Neokyo has previously agreed to provide the service.
When Neokyo receives a request from a Member for the purchase of the products, the products are purchased by Neokyo on behalf of the Member. Therefore, a Member cannot cancel a purchase request at its convenience, even if that contract has not yet been executed and it's the same if the contract has already been executed.
Applicable Laws and Jurisdictions
Japanese laws govern over the terms of service.
If a dispute arises in connection with the terms of service or separate conditions, Tokyo District Court is the agreed and exclusive jurisdiction of the first hearing.