оn the provision of Services by YUMBO
As amended on September 5, 2019
LLC YUMBO, a resident of Japan (hereinafter referred to as the «Seller») and a legally capable individual or legal entity, registering on the website
1. TERMS AND DEFINITIONS
Shipper/Seller — a resident of Japan who transferred the consignment for transportation to a postal company or carrier of cargo.
Recipient — an individual or legal entity whose data is indicated on the individual consignment note of the carrier of the goods or on the international postal consignment note, and which is the final Recipient of the Consignment.
Goods — any consumer goods intended for personal use by an individual or legal entity and not limited in circulation by the law of the country of location of the Sender or Recipient. The purposes of using the Goods are determined in accordance with the legislation of the country of the Recipient.
Consignment — goods (shipment / packages) transported by any means of transport to the Recipient in the shortest possible time.
Cargo carrier — any individual or legal entity carrying out joint activities for the international transportation of Consignment.
2. THE SUBJECT OF THE AGREEMENT
2.1. The Seller undertakes on behalf of a Client to commit on its own behalf and at the Customer’s expense the following (hereinafter — the «Services»):
to place an order for Goods directly and (or) through the
to purchase Goods in online stores and on Internet auctions in Japan
to receive, store and handle Goods purchased on behalf of a Client;
to deliver Goods purchased on behalf of the Client, by transferring them to the Carrier of the goods.
2.2. For the Services, the Seller retains the Customer a fee that is included in the price of goods ordered by the catalog numbers in the finder of goods on the website. For other Services a fee is retained in accordance with the rates posted in the Help section — the Rates and Terms on the website
2.3. Customer agrees to provide the Seller the right to receive, store, process and transfer his personal data.
2.4. The Seller reserves the right to amend this Agreement, the Rates and terms of Service unilaterally, therefore Client agrees to regularly monitor changes to this Agreement posted on this page.
2.5. The client accepts the terms of this Agreement and attached to it by means of registering on the website. Changes to this Agreement are accepted by the customer by transferring funds to the Seller’s address to his personal account on the website
3. RIGHTS AND OBLIGATIONS OF PARTIES UNDER AGREEMENT
3.1. RIGHTS AND OBLIGATIONS OF THE SELLER
3.1.1. The Seller agrees to provide the Customer with goods and Services and fulfill the Customer’s requirements related to the performance of these Services, if these requirements do not contradict this Agreement, the information specified on the website
3.1.2. To provide the Client with information on the performance of the Services specified in this Agreement.
3.1.3. The Seller agrees not to disclose information on the personal data of the Client and not to provide access to it to third parties, if this is not required to fulfill the terms of this Agreement, except as provided by the laws of the country of the Seller and the Client.
3.1.4. The Seller has the right to suspend or terminate the Customer’s service, in case of a lack of funds in the Customer’s account for the delivery of goods and the provision of Services.
3.1.5. If the Customer uses obscene language in correspondence or communication by phone, the Seller reserves the right to refuse to provide the Services to the Customer.
3.1.6. The seller has the right to keep the difference in cost for goods purchased by the Seller at a price lower than indicated on the website of the Seller, unless the Customer has previously informed the seller about a possible reduction in the price of the Goods.
3.1.7. The Seller has the right to publish written customer reviews on the website
3.2. RIGHTS AND OBLIGATIONS OF THE CLIENT
3.2.1. The client is obliged before ordering goods and Services to familiarize himself with the terms of this Agreement and in the case of consent to accept them by registering on the Seller’s website and ordering Goods.
3.2.2. The client agrees to fully pay for the ordered Goods, Services, delivery of Goods to the warehouse of the Seller and other expenses arising in connection with the provision of Services by the Seller, the cost of delivery to the Recipient.
3.2.3. The client undertakes to keep all documents confirming payment of the Goods and (or) Services (receipts, Bank statements, invoices and others) prior to the receipt of Goods and completion of Services.
3.2.4. The client undertakes to track the flow of funds to his personal account on the website
3.2.5. The customer is responsible for compliance of size, weight, cost and maintenance of the purchased Goods to the requirements of the postal service (the Carrier) and the customs legislation of the country where located, considering the size and weight of packaging material necessary to transport the Goods to the Recipient by postal service (carrier of the cargo).
3.2.6. The customer is responsible for the timely and accurate provision of information to the Seller necessary for the provision of Services and ordering of Goods.
3.2.8. The client undertakes to communicate directly with the Seller for more information on Products that were purchased by the Seller for the Client without contacting the suppliers, manufacturers, retailers,
3.2.9. The Client undertakes at the first request of the Seller to provide information confirming the Client’s identity and (or) the right to the possession of the Bank card, the account from which the payment for the Goods and Services to the Seller was made. It can be: a copy of pages of the domestic passport, a foreign passport, or any other document proving the identity; the extract from the Bank’s possession of the account.
3.3. The client takes responsibility for failure of delivery of goods prohibited for sending by airmail.
4. THE WAY OF PROVIDING SERVICES
4.1.1. The Client’s personal account (also the Client’s account) is created at the time of registration of the Client on the website
4.1.2. The Customer’s personal account is replenished by transferring funds to the Seller’s accounts indicated on the website
4.1.3. The client undertakes to independently pay the commissions of intermediary banks and (or) payment systems when transferring funds to the personal account. The amount credited to the Seller is credited to the Client’s account and converted into the Seller’s national currency at the exchange rate at the time the funds were credited to the Customer’s account, but no later than the next business day of the Seller, except Saturday, Sunday or public holidays in Japan.
4.2. PLACING AN ORDER AND COST OF GOODS
4.2. PLACING AN ORDER AND COST OF GOODS
It is possible for Customer to place orders:
a) through the percentage form of goods according to the original catalog numbers, by placing them in the Basket and paying from a personal account;
b) through the percentage form of goods in the request form, by placing it in the Basket and paying from a personal account. In the request form, the Seller shall indicate the cost of the Goods, the name and other components necessary for the identification of the goods being priced.
4.2.1. In the presence of the ordered items in the warehouse of the manufacturer / supplier, the Goods arrive at the Seller’s warehouse on average within 1 week from the time of order. Terms of processing orders for each manufacturer vary.
4.2.2. For some groups of goods, an additional shipping cost in Japan is set from the manufacturer / supplier’s warehouse to the Seller’s warehouse. It depends on the total cost of these goods and their manufacturers. If the cost of the ordered spare parts decreases (decommissioning, lack of spare parts, Customer’s refusal, etc.) and with the need to be paid by the Seller, this delivery cost will be debited from the Client’s account.
4.2.3. If the cost of the Goods increases and there is the difference from the actual cost indicated on the Seller’s website, the Seller informs the Customer as soon as possible and, if possible (with the exception of some spare parts manufacturers (TOHATSU, MERCURY, BRP, SEA DOO, MERCRUISER, VOLVO PENTA), for which the process of suspension of orders is not provided) suspends the order for confirmation or rejection by the Client.
4.2.4 In the absence of ordered items at the manufacturer’s / supplier’s warehouse, an increase in the average delivery time, removal of goods from production, the Seller informs the Customer as soon as possible and, if possible (with the exception of some spare parts manufacturers (TOHATSU, MERCURY, BRP, SEA DOO, MERCRUISER, VOLVO PENTA), which do not have a process for suspending orders) suspends the order for confirmation or rejection by the Client.
4.2.5. If the manufacturer / supplier did not send the goods on time, the Seller tries to do everything possible to clarify the exact delivery time and the soonest delivery of the goods to the Seller’s warehouse.
4.2.6 Under the terms of all suppliers / manufacturers, the refusal of the ordered Goods is impossible, with the exception of: a defect in the goods; spoilage in production arising in the production process; supplier /
manufacturer errors; the consent of the supplier / manufacturer to meet the customer’s needs. With the consent of the supplier / manufacturer to cancel the Goods mistakenly ordered by the Customer, the supplier / manufacturer charges 50% or more of the cost of the goods and the cost of delivery to the warehouse of the supplier / manufacturer, if any. This requires complete preservation of the integrity of the original packaging, markings, catalog numbers and other attributes of the supplier / manufacturer. Without compliance with these rules, the goods will not be accepted.
4.2.7 Manufacturers independently change the spare part numbers to unify the general list of goods. When changing the catalog number, the functionality of the spare part is maintained. If required, additional spare part numbers are offered. Changing the catalog number is not a reason for canceling the goods.
4.3. PROCESSING GOODS IN THE SELLER’S WAREHOUSE
4.3.1. All the Goods ordered by the Customer are delivered to the Seller’s warehouse. The period of free storage at the warehouse for the Customer’s Consignment is 30 calendar days from the date of receipt of the goods at the Seller’s warehouse. The period of free storage of the packaged Consignment in the Seller’s warehouse is 15 working days from the date of packaging.
After the expiration of the free storage period for the Goods, the Client must create the formation of the Consignment shipment or extend the storage period. If the Customer, within 3 calendar days after the expiration of the free storage of the Goods at the Seller’s warehouse, has not created the formation of the Consignment shipment, the Seller has the right to dispose of the Goods without notifying the Customer. The funds, including, but not limited to the cost of the Goods and for disposed goods, are not reimbursed.
4.3.2. The Seller packs the goods according to the list of goods of the Consignment, which the client forms independently from the personal account. If it is impossible to pack the goods in one box, the Seller reserves the right to pack the goods in two or more. In this case, the total cost of delivery of the Consignment will be calculated according to the delivery cost of each package / box individually at the rates of the dispatch method. If it is not possible to pack the goods in a package according to weight restrictions and (or) the Carrier’s dimensions, the Seller shall notify the Client thereof. The Client, in turn, is independently looking for ways to deliver this product from the Seller’s warehouse to the Recipient. Claims for cancellation or the possibility of returning the goods to the supplier or manufacturer will be considered in accordance with clause 4.2.6. of this Agreement.
4.3.3. If it is necessary to use additional packaging material, funds, time for packing complex Consignment sent of the Client, the Seller informs the Client about this and individually makes a decision on reimbursing the Seller.
4.4. SENDING GOODS
4.4.1. Sending Goods is carried out by methods and according to the tariffs indicated on the website in the «Delivery» section.
-FedEx — International postal service;
-DHL — international express delivery company;
-EMS international express delivery service (Express Mail Service), delivery is carried out by local postal operators;
-international service of economical delivery of goods SAL (Surface Air Lifted), delivery is carried out by local postal operators;
-Sea transportation of Consignment from Japan to Russia (Vladivostok);
-Consignment transportation in Russia by Transport Companies (Energy, Ratek, ZhelDorEkspeditsiya, Business Lines, PEK, etc.).
4.4.2. The cost of delivery to the Recipient is not included in the price of the Goods and is paid after packing the Consignment in accordance with the tariffs of the dispatch method, package weight and dimensions. Transfer of the Consignment to the Carriers is carried out only after the full repayment of the debt for the goods sent and (or) this Consignment.
4.4.3. According to the requirements of carriers and postal services, the Consignment must be packed in standard containers of rectangular or cylindrical shape, corresponding to the dimensions of the goods. Due to packaging, the net weight of the goods indicated on the website may increase due to the additional tare and packaging material.
We draw your attention to this and urge you to clarify the possibility of weight changing of the package before paying for the order. After the payment, packaging and increase in the weight of the package, claims for cancellation or the possibility of returning the goods to the supplier / manufacturer will be considered in accordance with clause 4.2.6. of this Agreement.
4.4.4. After packing the Consignment will not be opened and will not be replenished with new goods.
4.4.5. After the transfer of the consignment to the carrier, the responsibility for the Goods passes to the Carrier.
4.4.6. In the insured event (loss of shipment / package, damage, loss of goods during delivery) for the insured Consignment (chapter 6 of this Agreement), the Seller, upon the Client’s application, lays a claim to the Carrier of the Consignment for reimbursement of the sum insured. Funds received from the Carrier are credited to the Client’s account on the Seller’s website.
4.5. WITHDRAWAL OF FUNDS
4.5.1. Withdrawal of funds is carried out to the payer’s personal account in the way through which funds were received. Transfer fees are deducted from the refund amount.
5. RESPONSIBILITY OF THE PARTIES AND FORCE MAJEURE
5.1. The parties shall not be responsible for complete or partial nonperformance of any of their obligations under this Agreement due to the occurrence of any force majeure, including war, natural disasters, strikes and (or) any other circumstances which arose after the conclusion of the Agreement.
5.2. The parties shall not be responsible for any damages, losses, claims or other expenses which may arise as a result of force majeure, errors, omissions, interruptions, change, files, etc.
5.3. The seller is not responsible for and not a defendant or
5.4. The seller is not responsible for the speed and quality of delivery by the Carriers of Consignment. Listed on the website of the Seller delivery periods are average.
5.5. The Seller does not give guarantees for the Goods sent to the Recipient and is not responsible for its quality. Product warranties apply within the country of purchase (Japan).
5.6. The Seller is not responsible for the information accuracy specified by the Client (delivery address; Name of the Recipient; Recipient’s phone number; cost of goods, affecting the customs payments and the possibility of delivery of goods) when forming the shipment / package.
6. PARSELS INSURANCE
6.1. The Client has the right to use the Shipment / package Insurance Service by paying the insurance fee according to the tariffs of the dispatch method.
6.2. In case of cancellation of the Shipment / package Insurance Service, the Client assumes all risks and responsibilities in the event of an insured event and relieves the Seller of the obligation to submit claims to the Carrier of cargo for reimbursement of the sum insured.
6.3. When the Customer uses the shipping / package insurance service, the Seller undertakes, on sufficient grounds to confirm the insured event, to apply for compensation to the Carrier of the Consignment. Funds received from the Carrier are credited to the Customer’s account on the Seller’s website.
6.4. The shipment / package insurance service extends to the stage of the international delivery of the Consignment from the Seller to the Recipient (EMS, SAL, Small Packet), and sea transportation of Consignment from Japan to Russia (Vladivostok).
6.5. The maximum compensation may be equal but may not exceed the cost of the Consignment.
6.6. The Client submits an application for the search for Consignment or compensation through an appeal by the Seller’s internal mail within 2 calendar days from the moment of delivery of the shipment / package or notification of the loss of the shipment / package from the Carrier. Within 7 calendar days, the Client / Recipient agrees to provide all the necessary data:
Deficit / Damage Act of the Russian Post (EMS) drawn up and certified by an authorized postal officer;
photos and (or) video materials of damage to the shipment / package and goods;
any other documents confirming damage or loss of goods.
6.7. Shipment / package can be recognized as lost only after the search made by the Carrier of the goods. For each dispatch method, the term for recognition of the shipment / package lost varies from 30 to 60 days.
6.8. The Client / Recipient agrees to store all documents, goods and packaging of the package in the original received condition: not to use, not to destroy until the issue is finally resolved.
6.9. The Seller has the right to refuse to apply for compensation to the Carrier of the Consignment and payment of compensation on the grounds, including, but not limited to the following:
The client notified of the delay / loss of the Goods later than 2 calendar days from the date of delivery of the package or notification from the Carrier of the loss of the shipment / package;
The client refused or was unable to provide documents to substantiate the claim within 7 calendar days from the date of the application;
The package was delayed / confiscated by authorized customs authorities, etc.
The package was discovered and delivered after it was considered lost.
6.10. Upon detection of the Consignment, which was previously considered lost and compensation for the Client was made on it, the amount of compensation paid is returned to the Seller by debiting the amount from the Client’s account. If a debt has arisen on the Client’s account after that, the Client is obligated to pay it off within 7 calendar days from the moment the debt was generated.
7. DISPUTE RESOLUTIONS
7.1. All disputes and disagreements arising during the execution by the parties of this agreement are resolved through negotiations.
7.2. If it is impossible to resolve disputes through negotiations, disputes are resolved in court: if the Seller is the defendant in the dispute, the dispute is considered in a Japanese court; in case the Respondent in the dispute is the Client, the dispute shall be considered in court at the location of the Client, in accordance with the legislation of the country.