Operating Company・Agreement

Notation based on Specified Commercial Transactions Law


Sales operator
【Name】 Anime Otaku Carry Service Co., Ltd.
【Location】1-8-36 Tajiri, Ichikawa-shi, Chiba Prefecture, 272-0014
【Phone Number】 047-709-7001


Representative (or person responsible for business related to mail orders)
Takeshi Mitsuoka

Service fee
The fee set for each service, and specified on the web page.

User costs other than the service fee
Fee for goods to be paid to the sales operator (set by the sales operator)
Shipping fee for goods dispatched from sales operator to the Company (set by sales operator)
Incidental expenses related to the purchase of goods such as commission on transfer of money to the sales operator (only when necessary)
Domestic taxes in Japan and customs duties in destination countries
Usage fee
Expenses related to overseas delivery (set by the carrier)
Insurance premium (only when necessary)

Payment
【Payment method】
PayPal is available.
Please see the payment method page for details.

【Service fee payment timing】
We will notify you of the amount on My Page when the item is purchased by the Company on behalf of the user, and the item arrives at our warehouse.
The amount will be paid within 7 days from the date we notified the above.

【Payment timing of user costs other than service fee】
1. Purchase-related expenses
We will notify you of the amount on My Page when the item is purchased by the Company on behalf of the user, and the item arrives at our warehouse. This amount includes product fees, commission, and (if necessary) payment commission.
The amount will be paid within 7 days from the date we notified the above.

2. Delivery-related expenses
As soon as confirmation and weighing of contained items are completed at our warehouse, we will inform you of the amount by mail and on My Page. This amount includes shipping fees in Japan, shipping fees to the designated shipping destination, and consumption tax.
The amount will be paid within 7 days from the date we notified the above.
When there is a difference between the weight of goods posted by the seller and the weighing result in our warehouse, the weighing result in our warehouse shall be used for calculation.

Service provision timing
· Purchasing agent for products
If a user applies to us to act as a purchasing agent for the goods, and we accept, we will promptly undertake purchasing agent business.

· Product shipping procedure
After confirming payment of the service fee and user expenses other than the service fee, we will carry out shipping procedures within 6 business days from the request for shipment.

Terms of service provision
Products which can be purchased by the purchasing agent are limited by the Terms of Service.  Sales sites covered by this service, sales operators, shipping companies that can be used by this service, and the type, size, weight, price, shipping destination of products and other conditions that can be designated by the member, are limited to the scope defined by the Company.

Hidden defects
Since this service is not a sales contract for goods, we do not take any responsibility in the case of a flaw hidden in the product itself.  In this service, hidden defects are as stipulated in the Terms of Service.

Returned goods/refunds
Once the user applies for this service, he/she cannot retract, rescind, erase or cancel the application. 

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Terms of Service  

This Agreement ("Terms") defines the terms of use for the following purchasing agent services provided by Anime Otaku Carry Service Co., Ltd. ("the Company").

Section 1 General Provisions

Article 1 Definition
In these Terms, the meanings of the following terms shall be as specified respectively in those items.
① "This site" - a website whereof the address of the top page is 
https://aocs.jp/   operated by the company.
② "This Service" - A purchasing agent service operated by the Company on this site, and all services provided by the Company in relation thereto.
③ "Users" - All those who have considered the use of this service, including those who are viewing this site and these Terms, actually use it, or used it in the past.
④ "Members" - those users who are recognized by the Company as being qualified to use the service.

Article 2 Application of these Terms and individual terms
1. It is necessary for users to agree to these Terms in order to use this service.  By actually using this service, you are deemed to have accepted these Terms.
2. Users who are minors shall confirm these Terms with a legal representative such as a custodian or the like and use this service with the consent of a legal representative.  In the case that a minor uses this service, the Company may deem that these Terms have been consented by a legal representative.
3. Apart from this service, we may draw up an individual term from time to time at our discretion.  We will post the individual terms at an appropriate location on this site, and the individual term shall be in force from the time of posting.
4. If there is a conflict between these Terms and the individual term, the individual term will prevail.

Article 3  Change of Terms and Conditions
1. The Company shall be able to change/add to these Terms and individual terms (collectively referred to as "these Terms, etc.") at any time without prior notice.
2. We will post the changed these Terms, etc. at an appropriate place on this site, and these Terms, etc.  after the change shall have effect from the time of posting.
Section 2 Member Registration

Article 4 Member registration
1. The user will apply for membership registration according to the prescribed procedures of the Company, and will be registered as a member of this service when accepted by the Company.  As a result, the user will have a qualification as a member (hereinafter referred to as "membership qualification").  Whether the Company accepts or not is completely at the Company's discretion, and the Company is not obliged to disclose the reason for acceptance or non-acceptance to the user.
2. When applying for membership registration, the user must provide accurate and complete information about himself/herself.   The Company shall be able to request the user to submit personal identification.
3. The user shall register one member per person.  A single user cannot register multiple members, nor can multiple users register one member.
4. The member shall promptly follow the procedure specified by the Company when there is a change in the matter declared upon application for member registration (hereinafter referred to as "declaration matter").  In the absence of change procedures, the Company shall handle the declaration matter as if there were no changes.

Article 5  ID/Password
1. We will assign a member ID/password to a user who registered as a member.
2. The user is responsible for strict management of the member ID and password, and shall periodically change the password.
3. Memberships, IDs and passwords are personal and exclusive to users and cannot be inherited. The user shall not allow the ID/password to be used by a third party, or sell, buy, transfer, lend, or pledge it
4. If the user suspects that his/her ID/password is being used by a third party, he/she shall immediately notify the Company to that effect, and if we give instructions, shall follow them.
5. The Company deems that any act performed using the ID and password of a specific use, is an act of the user.

Article 6  Deletion of member registration
1. The member can cancel the registration by the withdrawal procedure specified by the Company.
2. In the event that it becomes clear that the member died, we will stop the use of the member's ID/password.

Article 7  Necessary measures 
1. In the event that the member falls under any of the following or if it is determined that the member is likely to fall under any of the conditions below, we will suspend this service, delete the member registration, or take other necessary measures.
① When an ID/password is used illegally, or allowed to be used illegally.
② If there is suspicion that the user is a member of antisocial forces such as organized crime groups, or is providing funding to or is involved in other ways with antisocial forces
③ In case of seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy/civil rehabilitation application, or when an objective reason is found that the user's credit situation has deteriorated
④ If we contact the user, and there is no response for a certain period of time 
⑤ If there is no use of this service within the fixed period specified by the Company
⑥ In case of violation of these Terms, etc.
⑦ In other situations to be judged inappropriate as a user

2. We are not obliged to disclose the reasons for the measures set forth in the preceding paragraph to members.


Article 8  Notice from the Company
When notifying individual users about these Service, etc. or this service, we will do so by sending an e-mail to the e-mail address declared by the user.  Even if the e-mail does not reach the user when the mail should normally reach the user by sending an e-mail to the e-mail address registered by the user, it shall be deemed that the user has received it.

Article 9 Handling of personal information.
Personal information of the user acquired by the Company in this service will be handled based on our privacy policy (https://aocs.jp/privacy_policy).


Section 3 This service
Article 10 Outline of this service
1. In this service, the Company receives a request from a member, and purchases goods designated by the member (hereinafter, "designated goods), from a sales site operator (hereinafter, "sales operator") at a shopping site on the Internet (hereinafter referred to as "sales site"), and arranges for delivery of the goods to a destination designated by the member.
2. The sales site used by this service, the sales operator, the transportation company that may be used for this service, and the type, size, weight, amount of money, price, destination and other conditions that may be designated by the member, are limited to the scope specified by the Company. Members cannot use this service beyond the scope specified by the Company.

Article 11 Application, and goods purchasing agent service
1. The member shall apply for this service by the method prescribed by the Company, and if the Company accepts the application from the member, a goods purchasing agent agreement is thereby established between the member and the Company as described in this Article.
2. After the member applies to purchase a product, the member cannot withdraw the application even if the purchasing agent agreement has not been finalized, and after the purchasing agent agreement is finalized, it shall not be possible to cancel the agreement.
	3. We can freely decide whether or not to approve applications from members, and we are not obligated to disclose reasons for such judgment to members.
4. When we accept a request from a member, we purchase a product from a sales operator with which we are affiliated in the Company's name, and we will accept the item at a location specified by the Company. The member cannot request direct delivery from the sales operator to the delivery destination specified by the member.
5. A sales agreement or similar agreement does not exist between the member and the Company, and the Company is not responsible for any inquiries or complaints concerning the content of the item.  Moreover, we do not assume any responsibility for defects, nor provide any other warranty liability as a seller under the sales agreement.
6. When the sales operator awards points for the purchase of goods, the points shall be held by the Company.

Article 12  Prohibited products
1. In this service, members cannot specify the following as designated goods.
① Cash, bills/checks, stocks and other securities, gift certificates such as air tickets, and concert tickets
② Cards such as credit cards and cash cards
③ Deposit savings bank accounts passbook of a financial institution, or a withdrawing card for deposit savings
④ Letters, or means of communication defined as a letter in current law
⑤ Live animals and plants, or dead animals (including stuffed animals)
⑥ A human body, or part, remains or pieces thereof and spirit tablets
⑦ Food and drink, and other items that are altered or rot easily
⑧ Stimulants, hemp, narcotics, psychotropics and other prohibited drugs
⑨ Firearms, swords, weapons, explosives, poisons, and deleterious substances
⑩ Pharmaceuticals, medical equipment
⑪ Child pornography, adult video, or other obscene material
⑫ Goods obtained by unfair methods/means
⑬ Goods of which the transportation, export and import are prohibited or restricted by laws and ordinances of the exporting/importing countries, including transit countries, or the states or local governments thereof 
⑭ Goods whose handling is not permitted under the terms of carriage of the carrier
⑮ Any other goods which we deem inappropriate.

 2. If we receive goods specified under any item of the preceding paragraph, we can arbitrarily sell, discard or return the goods, or dispose of them by other methods.

Article 13  Inspection of goods
1. After receipt of the product from the sales operator, we will undertake inspection of the goods according to the standard specified by the Company as appropriate.  The aim of this inspection is limited to easily verifying whether there is no obvious difference between the item as described by the sales operator (hereinafter referred to as "item description") and the actual product received, and checking the weight/ size of the product for shipping procedures.   In that case, we may collect and add packaging materials when we deem it necessary.
2. The Company does not guarantee, with regard to the result of inspecting the product, the quality, accuracy of quantity, absence of defects and authenticity of the product, and the fact that the product does not violate the relevant laws and regulations of countries designated as a shipping origin, a transit point and a destination country.
3. The Company cannot confirm contents not listed in the item description, matters that require specialized product knowledge such as brand authenticity, quantity and condition of shipments exceeding 25 items per product, matters requiring disassembly or assembly of products, matters requiring opening of packaging and seals, correct operation of electrical appliances, and contents of recording media such as CDs.
4. When we perform inspection, if we find any product that violates, or is likely to violate laws or other ordinances relating to prevention of revenue transfer due to crime, we will inform the police and other relevant public offices, and may take measures such as submitting the goods in question.

Article 14 Dispatch procedures for goods and shipping contracts
1. After completion of inspection work, the Company will undertake shipping procedures on behalf of the member.  According to the weight/size of the item confirmed at the time of inspection, we may select the delivery method, international shipping fee, and expenses related to the delivery of the goods as we deem fit.  In addition, the member shall not be able to specify the arrival date at the destination/arrival time zone.
2. The Company will undertake the shipping procedures described in the preceding paragraph as per the members' instructions pertaining to information on the item.  Therefore, we do not accept any responsibility for information on imports/exports such as product name, item price, item quantity described in invoice, amount of customs duty payable, and import measures taken by the destination country such as disapproval of import.  In addition, for importing goods, any and all tariffs and taxes incurred in the destination country shall be borne by members and shall be paid by themselves.
3. The member shall give the Company the authority to conclude a shipping contract in the member's name, and the Company shall conclude a contract for products with the shipping company affiliated with the Company in the member's name.  A shipping contract or similar contract does not exist between the member and the Company, and the Company shall not be held liable for non-delivery, delay damage or other problems due to transportation accidents unless it is the Company's responsibility.
4. Members shall not be able to change the delivery destination of goods unless notified by the Company's prescribed method.
5. The Company shall conclude a shipping contract with a shipping company, and hand over the goods to the shipping company which completes the Company's assignment relating to this service.  

Article 15 Usage fees, etc.
1. Members shall pay the following total fees (hereinafter collectively referred to as "usage fees, etc.") by the time specified by the Company according to the method prescribed by the Company.
① Product price, etc.
  The product price, etc. includes the price of the item to be paid to the seller, the shipping cost of the item from the sales operator to the Company, accompanying expenses related to the purchase of goods such as the transfer fee to the sales operator, domestic taxes in Japan and customs duties in the destination country, usage charges, and expenses related to overseas delivery.  We will bear various other expenses.
② This Service usage fee 
This service usage fee is the fee that we receive as payment for members using this service. The amount is as stated on our website.
2. The Company shall be able to change the amount of this service usage fee by changing the description on this site from time to time without prior notice.
3. Even if specific designated goods cannot be purchased due to circumstances such as missing items, the member shall be obligated to pay this service usage fee to us.
4. If the member fails to pay the payment in paragraph 1, the member shall pay delay damages to the Company at a rate of 14.6% per year.

Article 16 Negotiation with sales operators 
1. The member acknowledges that in the case of any of the following items, the Company shall negotiate returns or refunds with the sales operator on the member's behalf.  As a result, we will refund the amount that we were able to receive from the seller.  However, we do not guarantee the result of negotiation to the members.
① Cancellation of purchase of specified goods, and cancelation of agreement by the sales operator.
② The designated goods do not reach the Company from the sales operator even after 30 days have elapsed from the date of completion of the order placed with the sales operator.  However, this shall not apply where it is specified in the product description, or by other methods in advance that time is required for the designated goods (such as reserved goods and goods produced after receipt of order) to arrive.
③ If the result of inspection work specified in Article 13 proves that the item description and the actual product are clearly different

2. When returning goods to a sales operator pursuant to the preceding paragraph, the member shall pay a fee for returning operation separately determined by the Company to the Company, and bear the actual expenses of the return shipping costs.

Article 17 Cancellation of goods purchasing agent agreement 
1. The Company shall be able to cancel the goods purchasing agent agreement without prior notice if it falls under any of the following items.
① If the Company determines that it is difficult to obtain the designated goods
② In case of falling under any of the items of Article 16, paragraph 1
③ If the designated goods are found to fall under Article 12
④ If it is found that there is a clear misstatement in the goods price or other sales conditions presented by the Company and the sales operator
⑤ If the member does not pay the usage fee, etc. by the time specified by the Company
⑥ If the location of the member or the delivery destination of the designated item cannot be confirmed
⑦ If the member does not accept receipt of goods by the time specified by the Company
⑧ If the shipping company does not carry the goods
⑨ If the goods are stopped by Customs
⑩ If a reason for violation of these Terms is discovered
⑪ If there are other objective reasons why the goods purchasing agent agreement cannot be continued.

2. Even if the Company has canceled pursuant to the preceding paragraph, the Company shall have no obligation to return the usage fee, etc. already received from the member, and may request the member to pay a corresponding amount of unpaid usage fee, etc.
3. If the Company has canceled under paragraph (1), the Company shall be able to arbitrarily sell, discard, return or otherwise dispose of the goods received from the seller.

Section 4  Prohibited matters and legal liability

Article 18  Prohibited matters
We prohibit users from committing any of acts that fall under, or likely to fall under any of the followings:
① Using this service for an improper or illegal purpose
② Violating laws or public order and morals
③ Impersonating a third party to use this service
④ Infringing our intellectual property rights, obstructing the operation of this service, and causing damages or de facto disadvantage to the Company
⑤ Infringing the rights of other users or other third parties, or giving them damage or practical disadvantages
⑥ Using this service for the purpose of investigating this service, or the Company's business
⑦ Acts that contravene these Terms, etc.
⑧ Other acts which, from time to time, the Company informs the user to prohibit 

Article 19 Compensation for damages
1. In the event that the user damages the Company by acts that contravene these Terms, etc., or by improper or illegal conduct, the user shall compensate damages (including direct damage as well as indirect losses) incurred by the company.
2. In the event that the user damages other users or third parties concerning the use of this service, or complaints are received by the user from these persons, or a dispute arises between the user and these persons, the user shall resolve said issues at its own responsibility and expense, and shall not cause damage or de facto disadvantage to the Company.

Article 20 Disclaimer
1. We do not guarantee that members will be able to reliably acquire goods designated by members using this service.
2. We are not responsible for the content of information posted on this website for information clearly stated to be provided by an entity other than the Company.
3. We do not guarantee that users will not be damaged by harmful programs such as computer viruses when using this site.
4. We do not assume the obligation to save logs and other electronic data relating to this site or this service when users visit the site, and we do not in any way guarantee the accuracy of stored contents.
5. The Company shall not be obliged to compensate damages even if the member suffers damage or de facto disadvantage due to acts committed under these Terms, etc.
6. With respect to this service, in the event of damage to the member due to reasons attributable to the Company, the Company shall indemnify the member for damages up to the amount specified in Article 15, Paragraph 1, within the scope of direct damage caused.
7. This article defines all of our responsibilities to members, and in no case shall we indemnify the member for actual expenses, lost profits, indirect damages, extraordinary losses, attorney fees and other damages not mentioned in this Article.

Section 5 Other provisions

Article 21 Temporary suspension, change, and termination of this service
1. In the case of any of the following items, we may temporarily suspend use of this service or this site without prior notice.
① When maintaining, inspecting, repairing, or changing the system (including communication lines, power supplies, or buildings containing them) on a regular basis, or urgently
② When this service cannot be provided due to fire or power outage.
③ When this service cannot be provided due to natural disasters or unforeseen circumstances
④ When regulations by laws and orders by judicial judgment are applied
(5) When the Company otherwise deems that temporary interruption of this service is necessary for operation and technical reasons
2. We may change the contents of this service at any time without prior notice, or terminate this service for business reasons.

Article 22 Separability
If any provision (or part thereof) of these Terms, etc. should be judged invalid by a legal institution, the validity of other parts of these Terms, etc. shall not be affected excepting for said provision (or part thereof).

Article 23 Prohibition of disposal of rights and obligations 
Members shall not transfer any rights or obligations arising under the agreement with the Company to any third party, nor make any disposal such as providing them as collateral.

Article 24 Governing law, court of jurisdiction
1. The applicable law concerning these Terns, etc. is Japanese law.
2. In the event of a dispute between the user and the Company concerning this service, the Tokyo District Court shall be the exclusive jurisdictional court of first instance.





Drawn up on February 1, 2018