Terms of Service
TENSO.com, Ltd. (hereafter referred to as "the Company") hereby sets out the following TENSO.com Terms of Service (hereinafter referred to as "the Terms") in relation to use of the overseas forwarding service provided by the Company to members (hereafter referred to as "the Service").
The Company may, at its own discretion, specify separate terms in addition to the Terms as and when necessary. Separate terms shall be regarded as an integral part of the Terms. Accordingly, members are required to agree to all relevant terms to use the Service.
In the event of conflict between the Terms and any separate terms, the separate terms shall take precedence. In all other cases, both the Terms and separate terms shall be simultaneously applicable.
Article 1: Membership
- 1. A "member" is any party that has agreed to the Terms, completed an online membership application to use the Service run by the Company, had their membership approved by the Company and been issued with a member ID.
2. Members may not allow any third party to use their membership, lend, transfer, sell or pledge their membership to a third party or engage in any form of equivalent conduct.
Article 2: Revisions to Terms of Service
The Company may revise the Terms without prior notice. In the event of any such revisions, all matters relating to the Service shall be subject to the revised terms.
Article 3: Membership applications
Article 4: Member ID and password management
- 1. Members shall be responsible for managing the member ID and password issued to them by the Company after membership registration.
- 2. Members may not allow any third party to use their member ID or password, lend, transfer, sell or pledge their member ID or password to a third party or engage in any form of equivalent conduct.
- 3. Members shall be liable for any losses or damage resulting from the inadequate management, inappropriate usage or third party usage of their member ID and password or any form of equivalent conduct. The Company shall accept no liability whatsoever in such an event. All usage of the Service via a member ID and password shall be attributed to the relevant member, who shall be held fully responsible.
- 4. In the event that a member ID or password has been divulged to a third party or there is a risk of a member ID or password being used by a third party, the relevant member shall inform the Company immediately and proceed as instructed. In the event that the Company sustains any losses or damage as a result of the unauthorized usage of a member ID or password, the relevant member shall compensate the Company accordingly.
- 5. Members are under obligation to change their password on a regular basis. The Company shall accept no liability whatsoever for any losses or damage sustained as a result of members failing to fulfill such obligations.
- 6. Unless expressly approved by the Company, replacement member IDs and passwords shall not be issued.
Article 5: Changes to details provided, etc.
- 1. In the event of any changes to the details provided to the Company on their membership application, members shall notify the Company immediately using the specified form.
- 2. All correspondence sent out by the Company to the contact address indicated in the details provided upon registration shall be regarded as having reached the relevant member on schedule.
Article 6: Handling of personal data
1. The Company shall only use members' personal data for the following purposes.
- (1) Membership administration
- (2) Selling or providing products, rights, digital content, services or financial products (hereafter referred to as "products and other services") offered by the Company or a third party
- (3) Conducting promotions, giveaways or questionnaires
- (4) Simplifying membership registration and other processes in relation to the usage of member-only services on behalf of the Company, its parent company or any of its subsidiaries (hereafter referred to as "the Group")
- (5) Notifying members of important matters in relation to the running of online services (including via email)
- (6) Advertising, promoting or soliciting sales of products and other services offered by the Company or a third party (including via email)
- (7) Sending out email newsletters
- (8) Packaging and shipping products
- (9) Billing and invoicing
- (10) Providing services as part of point, coupon, mileage or other incentive schemes (hereafter referred to as "incentive scheme(s)")
- (11) Publishing information posted by members
- (12) Dealing with inquiries and providing after-sales services
- (13) Conducting research and analysis on marketing data and developing new services
- (14) Compiling statistics and other data for provision to partner companies specified by the Group or the Company (hereafter referred to as "partner companies")
- 2. The Group may also use information on members, including their member ID, name, gender, email address, telephone number, post/zip code, address, employer and department, nicknames, user name, date of birth, credit card details, purchase history, incentive scheme balance and incentive scheme usage history, in order to fulfill any of the above purposes.
The Company shall nonetheless be entitled to provide personal data in any of the following circumstances.
- (1) If the member has given their consent
- (2) If the disclosure of data is required by law or as part of a criminal investigation or other legal proceedings or if a legitimate information request is received from a consumer center, bar association or other public institution
- (3) If forwarding a member's order details to a partner company
- (4) If disclosing data to a partner company in the event that a member has purchased or is attempting to purchase a product or other service from the relevant partner company
- (5) If necessary in order to ship products or provide services
- (6) If disclosing data to a financial or billing service provider
- (7) If disclosing data to a partner company for the purpose of providing services as part of an incentive scheme run by the Company or the relevant partner company
- (8) If outsourcing all or part of the Company's operations to a third party
- (9) If disclosing data to a party assuming control of business operations due to a merger, business transfer or other such arrangement
- (10) If required in accordance with the Personal Information Protection Law or other applicable legislation
Article 7: Cancellation of membership
- 1. Members are entitled to cancel their membership by following the procedure specified by the Company.
- 2. In the event of the death of a member, the Company shall cancel the relevant member’s membership immediately and suspend usage of their member ID and password.
Article 8: Suspension or termination of membership
The Company may temporarily suspend or terminate any member's membership with no prior notice or warning if any of the following grounds are applicable.
- (1) In the event of unauthorized usage of the member's ID or password to access the Service or in the event that the member allows such actions to take place
- (2) In the event that the member fails to make payment of charges by the specified date
- (3) In the event of that the member has proceedings filed against them, including seizure, provisional seizure, provisional injunction, compulsory execution, bankruptcy or civil rehabilitation, or files for such proceedings themselves
- (4) In the event that the member has incorrectly entered their password on more occasions than permitted by the Company
- (5) In the event that the member has not used the Service for a period of time specified by the Company
- (6) In the event that the member has breached other provisions set out in the Terms or separate terms
- (7) In the event that the Company deems the relevant party to be ineligible for membership for any other reason
Article 9: Contents of the Service
- 1. The Service is an intermediary delivery service whereby products purchased by a member from a domestic retailer, either online or by mail order, are sent to the Company and then shipped to the member.
- 2. The Company is not party to the product sales contract with the retailer and therefore accepts no liability whatsoever for any issues relating to the product, including defects or intellectual property violations.
This shall not apply however in the event that the member can prove that the product was lost or damaged whilst in the care of the Company.
- 3. The Company is not party to the product delivery contract with the carrier and therefore accepts no liability whatsoever for any losses or damage sustained by the member as a result of non-delivery, late delivery, breakages or other issues relating to delivery.
The member shall authorize the Company to conclude the delivery contract in their name.
4. Terms and conditions relating to eligible retailers and carriers covered under the Service and products eligible for delivery via the Service, including product categories, size, weight, value and delivery locations, are limited to the scope specified by the Company.
Members shall not use the Service in any way that exceeds the scope specified by the Company.
Article 10: Products excluded from the Service
Members shall not use the Service for any of the following products.
- (1) Cash, checks, bills, shares or other securities (Including cash vouchers such as for airline tickets and concert tickets)
- (2) Credit cards, ATM cards or other cards
- (3) Savings/deposit books or withdrawal cards issued by a financial institution
- (4) Items without a clearly visible company name or written indication that they are addressed to the Company
- (5) Correspondence or other means of communication currently defined by law as correspondence
- (6) Live animals or plants, dead animals or stuffed specimens
- (7) Human bodies, human body parts, dead bodies, human remains or mortuary tablets
- (8) Food, drink or other items susceptible to deterioration in quality or decomposition
- (9) Stimulants, cannabis, narcotics, psychotropic substances or any other illegal drugs
- (10) Guns, swords or other weaponry, gun powder or other explosives, poisons or other deleterious substances
- (11) Pharmaceuticals or medical equipment
- (12) Child pornography, adult videos or other materials of an obscene nature
- (13) Any items obtained through illegal, fraudulent, unjust or otherwise dishonest means or methods
- (14) Items whose transport, export and import are prohibited or restricted in accordance with the law in the importing or exporting country, state or local government (including intermediate countries)
- (15) Any other items not authorized under the carrier's terms of shipping
- (16) Any other items deemed to be inappropriate by the Company
Article 11: Service charges and payment
- 1. Charges for using the Service are as indicated on the service price list and may be revised by the Company with no prior notice.
The product weights used as standard for the price list are based on measurements taken by the Company.
2. Charges for using the Service include a one-off charge for shipping from the Company to the member.
Members shall be liable for any other charges incurred in relation to shipping from the Company to the member, including customs and shipping charges for other parts of the journey, at cost (hereafter referred to as "additional expenses").
The Company is under no obligation to pay additional expenses on behalf of any member.
- 3. Members shall make payment of all service charges as instructed no later than the date specified by the Company.
Article 12: Communication regarding product orders
Immediately after purchasing a product, members shall notify the Company of the precise details, using the specified form to accurately provide the necessary details required to deliver the product to the member.
Article 13: Inspections
- 1. The Company may open up products and inspect the contents.
As the Company is under no obligation to carry out such inspections however, inspection results do not represent a guarantee of any sort with regard to the quality of the relevant product, the presence or absence of defects, authenticity or the occurrence of any violation of applicable legislation in the country of origin, or destination or intermediate countries.
2. In the event that an inspection, as outlined in the preceding paragraph, brings to light any items that are in violation of or are suspected of being in violation of the Law for Prevention of Transfer of Criminal Proceeds or other applicable legislation, the Company may take steps such as notifying the police or other government agency or surrendering the items in question.
3. The Company shall accept no liability for any losses or damage sustained by the member as a result of product inspections or any other actions stipulated in this article.
Article 14: Refusal to provide the Service
If any of the following grounds are applicable or are suspected to be applicable, the Company may refuse to provide the Service, even if the Service has already been accepted.
- (1) If the product concerned is listed under Article 10
- (2) If it is not possible to verify the member’s address or the product delivery address
- (3) If the information on the packages we receive differs from the shipping address on your My Page
- (4) If the purchase was made using payment methods the Company cannot accept such as cash/collect on delivery
- (5) If the member has rejected the product
- (6) If the carrier will not deliver the product
- (7) In the absence of notification in accordance with Article 12
- (8) If the product details provided by the member via notification in accordance with Article 12 do not match the product received by the Company or the relevant notification is inaccurate
- (9) If the product is seized by customs
- (10) If the member fails to make payment of service charges
- (11) If the member has breached the Terms
- (12) If the provision of the Service is deemed to be inappropriate by the Company for any other reason
Article 15: Disposal of undeliverable items
- 1. On receipt of any product listed under Article 10, the Company may immediately discard the relevant product or dispose of it by other means.
2. If any of the grounds stipulated in the preceding article are applicable (with the exception of (1)) and the Company has already taken receipt of the relevant product, the Company shall retain the relevant product for a period of 60 days from the date of receipt.
3. In the event that all of the grounds stipulated in the preceding article are resolved before the end of the period outlined in the preceding paragraph, the member may instruct the Company to ship the relevant product to their address or process it in another manner approved by the Company.
- 4. In the event that all of the grounds stipulated in the preceding article are not resolved before the end of the period outlined in the above paragraph 2, the Company may sell the relevant product or dispose of it by other means.
5. If the Company sells the relevant product, as detailed in the preceding paragraph, it may use the proceeds to cover the cost of retaining and disposing of the relevant product, service charges and other expenses.
- 6. If there is any outstanding amount after the disposal of the products in accordance with the preceding paragraph, the Company shall transfer the relevant amount into an account designated by the member within 20 days of the date on which the amount is finalized or the date on which the member designates an account, whichever is later.
Transfer charges shall be borne by the member.
- 7. The outstanding amount detailed in the preceding paragraph shall remain interest free.
- 8. The Company shall accept no liability whatsoever for any losses or damage sustained by the member as a result of the disposal of products as outlined in this article.
- 9. Irrespective of the terms set out in this article, the Company may still file proceedings in accordance with the Civil Execution Law.
Article 16: Changes to or the suspension of the Service
The Company may make changes to the contents of or suspend the Service with no prior notice. The Company shall accept no liability for any disadvantages experienced or losses or damage sustained by the member as a result of such changes or suspension.
Article 17: Interruptions to or the suspension of the Service
Article 18: Prohibited conduct
Article 19: Governing law and jurisdictional court
- 1. The Terms and separate terms shall be subject to Japanese law.
- 2. In the event of any dispute regarding the Terms or separate terms, exclusive and primary jurisdiction shall rest with Tokyo District Court.