Terms and Conditions
The following shall constitute the "Forwarding Terms and Conditions" (hereafter "the Forwarding Conditions") covering the overseas forwarding service (hereafter "the Forwarding Service") provided by Navibird, Inc. (hereafter "the Company") for its registered members. In order to use the Forwarding Service it is necessary to agree to all of the Forwarding Conditions.
- This Forwarding Service is a service by which item(s) purchased by registered members living outside Japan from an online shop (hereafter "EC Business ") are temporarily held by the Company, and then shipped to an address specified by the registered member.
- The Company is not entered into any sales contracts with an EC Business. The Company will bear no responsibility for problems with item(s) including but not limited to flaws or defects or intellectual property infringements.
- The Company is not entered into any shipping contracts regarding items with shipping businesses. The company will bear no responsibility for losses to a registered member that occur due to problems including but not limited to misdelivery, lateness or damage during delivery. The registered member shall authorize the Company to conclude the delivery contract in their name.
- The EC Businesses that can be used with the Forwarding Service, the shipping companies that can be used with the Forwarding Service, and the type, size, weight, value, destination and other properties of the items that can be used with the Forwarding Service shall be restricted according to limits set by the Company.
- Once an application to use the Forwarding Service has been made, it cannot be cancelled or changed for any reason. Additionally, the Company will not return item(s) to the EC Business.
- If item(s) the destination of which is unclear arrive at the Company from an EC Business, those item(s) will be immediately disposed of. The Company will bear no responsibility for losses or damages to the registered member caused as a result of this disposal.
- The Company will check any correspondence or documents sent by an EC Business without first checking with the relevant customer.These may be disposed of at the Company's discretion.
- If a single order from an EC Business is divided up and sent to the Company in separate parcels, the Company will not wait for all parcels to arrive nor recombine those parcels after they arrive. Each parcel will be registered individually and fees will be charged for each separately.
- There may be occasions where we will ship using a different shipping method at our own convenience. Even in this case, the fee for the selected shipping method will still be applied.
- Should a package or item be received for which the transportation, import or export is prohibited based on the laws of the import/export country, state or local government or judgement of customs, or has been returned to us due to restrictions, said item shall be discarded or disposed of via another method.
- In the case that a package or item is forwarded or returned to us for any reason, it is not necessary to pay return fees for EMS, however return fees will be charged for International Parcel Post (airmail, SAL, surface mail). This return fee is different from the fee at the time of shipment, and the fee applied is one that is set by the destination country's (overseas) postal service. The International Parcel Post return fee is the responsibility of the member. Furthermore, in the case that delivery has been refused due to the reason of not being able to pay the return fee, after being kept by the postal service for a certain period, the package and item will be disposed of. Even in the event of damage being incurred to the member due to the disposal of said item, the Company shall assume no responsibility whatsoever.
- In case a registered member does not make use of the Forwarding Service within the packaging storage period established by the Company (178 days), it will be deemed that the registered member has waived ownership and any other right corresponding to the item(s). At the same time, the ownership and any other right waived by the registered member will be transferred to the Company, and by doing so, the registered member agrees to the corresponding disposal and/or discarding method determined by the Company. The Company shall not be liable for any loss caused to a registered member due to the disposal and/or discarding of the item(s) specified in this Article.
Items Ineligible for Forwarding
The Forwarding Service cannot be used for the following items.
- Items identical to those sold on JSHOPPERS.com, and items of EC Businesses in partnerships with JSHOPPERS.com
- Currency, checks, promissory notes, stock certificates or other marketable securities or passbooks from financial institutions
- Cards including but not limited to credit cards, cash cards and debit cards
- Packages for which there is no indication such as a name making it easy to determine that the Company is the addressee
- Live animals or plants, or the remains of animals including stuffed animals
- Human bodies or body parts, corpses, human remains or Buddhist mortuary tablets
- Foods or drinks that rot or deteriorate easily, fresh foods, frozen foods or foods that require refrigeration
- Banned drugs including but not limited to cannabis, narcotic drugs and stimulants
- Swords, firearms, weapons, gunpowder, explosive, poisons, hazardous substances and other chemicals
- Obscene material including but not limited to child pornography and adult videos
- Materials the shipment, import or export of which is banned or controlled by the laws and ordinances of the governing bodies of the source country or destination country or their states and regions, or any country(s) or their states and regions that the shipment passes through as it is shipped from the source country to the destination country
- Materials that cannot be transported owing to the regulations of parties involved in the shipment, including but not limited to shipping companies and airports
- Any other items the Company deems inappropriate
Fees of and Payment for the Forwarding Service
- The fees for the Forwarding Service are those listed on the JSHOPPERS.com Forwarding Service site. The Company reserves the right to change these fees without prior notice to registered members. Furthermore, the weights upon which the fees are based shall be those as measured by the Company.
- The fee the registered member pays for using the Forwarding Service includes the shipping fee for shipping the item(s) once from the Company to the registered member. Customs duties, incurred shipping fees other than those to ship from the Company to the registered member, and any other costs outside of the shipping fee (hereafter "Non-Shipping Fees") shall be the responsibility of the registered member. The Company will not pay Non-Shipping Fees on the registered member's behalf.
Notification of Purchase
A registered member, when using this Forwarding Service, should use the JSHOPPERS Forwarding Service form immediately after making his/her purchase to communicate the necessary information for the shipment of the registered memberfs item(s) to the registered member.
- The Company reserves the right to open packages and inspect their contents. However, the Company has no legal obligation to inspect the contents for the registered member and no matter the result of the inspection the Company makes no guarantee of the quality, lack of flaws or defects, authenticity or compliance with the customs laws and ordinances of the destination country and region and any countries and regions the item(s) pass through.
- During the inspection described in the preceding paragraph, if any item(s) are discovered that violate laws pertaining to prohibited movement of profits arising from criminal activities, or any other laws and ordinances, or item(s) are discovered that are considered to be in possible violation of the aforementioned laws and ordinances, the Company will notify the police or other government administrative body and cooperate with any subsequent investigation, including through the submission of the item(s) to the investigating body.
- Even if the registered member suffers losses or damages as a result of the item inspection or any other process described in these conditions, the Company will bear no responsibility.
Revocation of the Provision of the Forwarding Service
The Company reserves the right to revoke the provision of the Forwarding Service, even if it had already been accepted, for the below reasons, or circumstances in which there is believed to be a risk of one or more of the following occurring.
- The item(s) are ineligible for forwarding using the Forwarding Service
- The registered member's address or the recipient's address cannot be confirmed
- The registered member refuses to accept the items
- The shipment is stopped at customs
- The registered member violates the Forwarding Conditions
- The package is delivered to us cash on delivery
- The Company determines the order to be unfit for another reason
Disposal of Undeliverable Items
The Company will dispose of any item(s) ineligible for sending using this Forwarding Service. Even in the event that the disposal of such item(s) results in losses or damages to a registered member, the Company will bear no responsibility.
Changes to and Cessation of the Forwarding Service
The Company reserves the right to at any time without prior notification change the details of or cease the provision of the Forwarding Service. The Company will bear no responsibility for losses or damages to a registered member due to such changes or cessation.
- When using the Forwarding Service, registered members shall not perform any activities falling under the following
- Actions that use the Forwarding Service for an improper or illegal purpose
- Actions that infringe on the rights of the Company or another party, including but not limited to trademark rights, authorship rights, design rights, intellectual property rights including patent rights, rights to usage of an individual's likeness, and publicity rights
- Actions related to fraud or any other illegal activity
- Actions involving the use of the Forwarding Service to steal a third party's identity
- Actions that inappropriately use the equipment or facilities of the Company or any other third party, or actions that make difficult the operation of said equipment or facilities
- Actions in violation of laws or ordinances, the Forwarding Conditions or public order and morality
- Actions that obstruct the operation of the Forwarding Service
- Any other actions the Company deems inappropriate
- If the Company suffers losses or damages as a result of a registered member violating the Forwarding Conditions or other conditions, the Company reserves the right to pursue damages against the registered member.
Applicable Law and Jurisdiction Agreement
- The governing law of the Forwarding Conditions and any other separate conditions shall be Japanese law.
- In the event that a dispute arises connected to the Forwarding Conditions, it shall be subject to the jurisdiction of the district court with jurisdiction over the area in which the Company's head office is located.
Revised November 29, 2016
Revised December 3, 2015
Revised September 18, 2009