Terms and Conditions
【Part1 General Provisions】
1 Applicability
These terms and conditions are applied to all legal transactions between Kyoto Fine wine and spirits Inc. (hereinafter called “We”, “Our”, and “Us”) and you. The online auctions of bottles of whisky, etc. conducted by us under the name of Whisky Auction Japan (hereinafter called the “Services”) shall be in compliance with these rules.
2 Registration
2.1 A person desiring to participate in the auction may participate by consenting to these terms and conditions and registering his/her name, date of birth, address, email address, phone number, and any other necessary matters (hereinafter called your “Account Information”) on our website.
2.2 Only registered person (hereinafter called “You”) can use our Services.
2.3 Once you have registered, you are required to keep your Account Information up to date.
3 Commitment (including Legal Age)
3.1 When accessing to our website and/or registering our Services, you make a commitment that you are the Legal Age in your country/state.
3.2 You make a commitment that you don’t have any involvement with anti-social forces.
4 Management
You are required to manage your ID, password, and devices at your own responsibility. We shall not be responsible for the results caused due to your deficiencies in management or due to use of ID, password, or devices by third parties, etc.
5 Suspension of the Services
5.1 We shall be entitled to, without any advance notice, suspend or discontinue the Services in whole or in part, in the event that:
(1) Inspection or maintenance of the computer system for the Services is held;
(2) Our website or communication lines have been disrupted due to an accident;
(3) Earthquake, fire, power failure or other inevitable accidents has occurred; or
(4) We determine that suspension or discontinuance is required for the other reasons.
5.2 We shall not be responsible for any disadvantage or damage caused due to suspension or discontinuance of the Services.
6 Ownership of Rights
Any and all IP Rights to our website and the Services are expressly reserved by us. Use or registration with the Services shall not be construed as authorizing any IP Rights to you.
7 Deletion of Registration
7.1 We shall be entitled to, without any advance notice, suspend the Services or delete your registration in the event that:
(1) You violate any of these terms and conditions:
(2) Any account information is found to be false:
(3) You become bankrupt or insolvent:
(4) You have not used the Services for a certain period of time.
(5) You have not responded to our inquiries for a certain period of time.
(6) We determine that your use of the Services or registration is not appropriate.
7.2 We shall not be responsible for any disadvantage or damage caused due to deletion of registration or suspension of the Services.
8 Withdrawal
You may withdrawal from the Services after taking all necessary procedures. However, if you assume debts owed to us, you may not withdrawal until you pay the debt.
9 Services Modification and Termination
9.1 We shall entitled to, without advance notice, modify or terminate the Services in our own discretion.
9.2 We shall not be responsible for any disadvantage or damage caused due to the Services’ modification or termination.
10 Disclaimer and Waiver of Warranties
We make no representation or warranty of any kind, express or implied, with respect to the Services including suitability for your particular purposes, functional or commercial value, accuracy, or usefulness which you expect, complying with law or regulations by using the Services, etc.
11 Amendment
11.1 We may amend any of these terms and conditions. We notify users in case of important amendment.
11.2 If you use the Services after amendment, you shall be deemed to have agreed to the amendment.
12 Assignment
Transfer, grant security interests in or other dispositions of your status as the Services’ user is prohibited.
13 Governing Law and Jurisdiction
13.1 These conditions and terms shall be governed by and construed in accordance with the laws of Japan.
13.2 With respect to any and all disputes arising out of these conditions and terms and the Services, the parties hereto shall submit the exclusive jurisdiction of the Kyoto District Court or the Kyoto Summary Court of Japan.
【Part2 Auction】
14 Properties Auctioned
14.1 We shall host auctions on our website for the sale of bottles of whisky or other alcoholic liquors (hereinafter called “Item” or “Items”) by way of auction.
14.2 We shall not announce the name of consignors or the reserve price, if set.
14.3 Items shall be inherently sold “as is” and we shall not liable for any spots, blemishes, or any other defects or damages caused due to the aging of Items.
15 Method of Auction
15.1 Every auction shall be conducted by the bidding-up system.
15.2 Every auction participant registered with us may bid in a specified way on our website (hereinafter called “Bidder”).
15.3 Bidders shall, at their own decision and responsibility, confirm auctioned Items on our website. The bid made by a bidder shall be irrevocable.
15.4 Every description of Items on our website is mainly based on a declaration of a seller of Items. We shall not guarantee authenticity or quality of Items.
15.5 The bidding price shall not include shipping charges. Bidders agree in advance to pay us the full amount of shipping charges in addition to the relevant contract price in case his/her bid is successful.
15.6 The winning bidder shall be the person who has bid the highest price when the auction of the Item finishes; provided, however, that if we judge that the auction needs to be continued, etc., we may resume the auction again at our own discretion.
15.7 The winning bidder and us shall enter a sales agreement under which the bidding price (hereinafter called “Purchased Item”) for the relevant Item shall be the sales price (hereinafter called “Contract Price”), and the winning bidder shall be obliged to pay the amount of the contract price plus shipping charges.
【Part3 Successful Bidder】
16 Payment of Purchase Price
16.1 The successful bidder shall pay us the total amount of shipping charges in addition to the relevant Contract Price (hereinafter called “Purchase Price”) in Japanese Yen by the due date we specify by a bank remittance to the bank account described below (such remittance shall be required to be completed by the due date).
Account Name: Kyoto Fine Wine and Spirits
SBI SUMISHIN NET BANK, LTD.TOKYO (SWIFT BIC: NTSSJPJT) HOUJINDAIICHI Branch
Ordinary account 1411543
16.2 The successful bidder may pay by a credit card in case he/she registers with us a credit card information in advance. Payment of the Purchase Price shall be deemed to be made, only when the credit card payment has completed at the time of the successful bid.
17 Delivery of Items
17.1 After the successful bidder completes payment of the Purchase Price, we shall hand over the relevant Purchased Item; provided, however, when we pass the Purchased Item over a shipping company, the handover shall be deemed to be done
17.2 After the handover, the successful bidder may not raise any claim terminate the sales agreement, or make any other complaint to us regarding any mistake, deterioration or defacement with respect to the Purchased Item, unless it is due to our intentional act or the gross negligence.
17.3 If we hand over any Item different from the Purchased Item by mistake, we may request the successful bidder to return the Item and the successful bidder shall grant such request.
18 Transfer of Title and Burden of Risk
18.1 The successful bidder shall burden risks of the Purchased Item on and after the winning bid. Any disappearance, loss, theft, deterioration, or defacement caused for any reason not attributable to us shall be burdened by the successful bidder, and the successful bidder shall not be exempted from payment of the Purchase Price.
18.2 The title to the Purchased Item shall be transferred to the successful bidder at the time of the handover after we confirm the payment has been made.
19 Defaults by Successful Bidder
19.1 In case the successful bidder fails to pay the Purchase Price by the due date, he/she shall pay a default interest on the remaining amount of the Purchase Price at the rate of 14.6% per annum incurred from the day following the due date up to the day of the payment completed.
19.2 If we spend extra expenses for storage, etc. due to default by the successful bidder, he/she shall bear the extra expenses.
19.3 After the due date of the payment, we shall not be responsible for any disappearance, loss, theft, deterioration, or defacement with regard to the Item caused for any reason not attributable to us.
20 Termination
20.1 If the successful bidder fails to pay the Purchase Price, etc., we may demand the payment and terminate the sales agreement; provided, however, that if the liability for default is critical, we may terminate the sales agreement without any demand.
20.2 Even though a notice of demand for payment or termination of a sales agreement sent by us to the registered address or email address has not been received by the successful bidder in default, the sales agreement shall be deemed to be terminated on the date when such notice would normally have been received at the registered address or email address. The successful bidder shall agree with the same in advance.
20.3 We may make a claim for damage to the successful bidder even in the case of termination.
【Part4 Consignments of Auction Sales】
21 Consignments of Auction Sales
21.1 Any person who intends to consign the sale of any Item by our auction shall apply to us for consignment of auction sale in accordance with these terms and conditions and the specified way on our website.
21.2 Any person requesting the consignment of sales shall warrant to us that he/she has the complete ownership of the consigned Item or the authority to consign the sale of such Item based on the complete ownership of such Item.
21.3 An applicant for the consignment of sales shall send the Item to us in a specified way by the deadline we make.
21.4 An applicant for the consignment of sales shall bear costs for packing.
21.5 We shall not be responsible for any disappearance, loss, theft, deterioration, or defacement with regard to the consigned Item caused for any reason not attributable to us.
21.6 A sales consignment agreement between an applicant and us is concluded when we accept the application for the consignment of sales. Uploading and listing the consigned Item to our website shall be deemed to be manifestation of intention to accept a sales consignment agreement.
21.7 We may decide how to put the consigned Item on our website, the beginning price at an auction and any other method of an auction.
22 Termination
22.1 If we judge that the consigned Item is inappropriate for our auction, etc., we may refuse an application for a sales consignment agreement and terminate a sales consignment agreement.
22.2 A consignor may not terminate a sales consignment agreement without the consent of us.
22.3 If we have already received the consigned Item upon termination of the sales consignment agreement, we may return such consigned Item at the expense and risk of the consignor.
23 Payment
23.1 When the consigned Item is sold at an auction, we shall notify the consignor without delay.
23.2 We shall make payment to the consignor in an amount calculated by subtracting a commission fee (10% of the Contract Price) from the Contract Price by a bank remittance to the bank account which the consignor specifies; provided, however, that if the payment of the Purchase Price from the successful bidder to us is delayed, we may delay the payment to the consignor until we confirm the payment from the successful bidder completed. In case of such delay in payment from us to the consignor, the consignor shall not demand any interest or compensation for damage from us.
23.3 If the auction of the consigned Item was not succeeded, the consignor may choose to put the Item up for the next auction or to get the Item returned; provided, however, that if the consignor does not take any choice in a certain period of time, we may choose either way. Return postage shall be borne by the consignor.