Terms of Service

Article 1: Acceptance of Terms

By registering and using Jsmile’s buying and auction bidding services, you agree to be bound by the following Terms of Service (“TOS”), which may be updated by Jsmile at any time without prior notice. It is the Client’s responsibility to review the most current version of the TOS before using Jsmile’s services. Your continued use of Jsmile’s services after any changes to the TOS will constitute your acceptance of such changes.

Article 2: Definitions

  1. “Jsmile” refers to Jsmile Shopping Service, operated by Jsmile Japan.
  2. “Client” refers to an individual or legal entity that has properly registered on the Jsmile website (hereinafter referred to as the “Website”).
  3. “Agreements” refer to all rules and agreements posted on the Website by Jsmile, including but not limited to these Terms of Service.
  4. “Client Information” refers to any information disclosed by a Client to Jsmile.

Article 3: Services Provided by Jsmile

Jsmile provides the following services to Clients (hereinafter referred to as “Services”):

  1. Personal Shopping Service: Upon request, Jsmile will purchase merchandise on behalf of the Client, using the Client’s specifications and budget, from online stores and brick-and-mortar stores, and then dispatch the merchandise to the Client once payment is completed.
  2. Purchasing Service: Upon request, Jsmile will purchase merchandise on behalf of the Client from various sources, including auctions and other online and offline stores, using the Client’s specifications and budget, and then dispatch the merchandise to the Client once payment is completed.

Article 4: Jsmile’s Obligations

  1. With regard to the Personal Shopping Service, Jsmile shall purchase relevant merchandise on behalf of the Client in accordance with the agreed-upon price estimation and arrange for its dispatch only after receiving payment from the Client.
  2. With regard to the Purchasing Service, Jsmile shall purchase merchandise on behalf of the Client in accordance with the agreed-upon conditions and dispatch it to the Client only after receiving payment from the Client.
  3. Jsmile shall not be responsible for any delay or failure to provide the Services due to circumstances beyond its control, including but not limited to acts of nature, power outages, and communication failures.
  4. Jsmile shall not be liable for any damages or losses incurred by the Client as a result of any delay or failure to provide the Services, except to the extent that such damages or losses are caused by Jsmile’s gross negligence or willful misconduct.
  5. Jsmile shall not be liable for any loss or damage to units beyond its control, such as fire or natural disasters, except in cases of Jsmile’s gross negligence or willful misconduct.
  6. Jsmile reserves the right to refuse to provide the Services to any Client at its sole discretion.

Article 5: Prohibited Items

The following items are prohibited from being purchased using Jsmile’s shopping service:

  1. Items defined as illegal by Japanese law or by the law of the destination country.
  2. Items that harm public order and morality.
  3. Any items that might lead to or encourage criminal activity.
  4. Any dangerous goods that may be harmful to human life and health.
  5. Any illegal adult products, violence-encouraging products, etc.
  6. Any malfunctioning items.
  7. Living organisms including but not limited to animals, plants, bacteria, viruses, fungus, etc.
  8. Any flammable or explosive goods.
  9. Cultural heritage.
  10. Any products that might infringe a third party’s intellectual property or harm a third party’s honour and privacy.
  11. Any products that might harm any other rights of a third party.
  12. Oversized products that might not be shipped due to size/weight restrictions.
  13. Alcohol, alcoholic beverages, perfume containing alcohol, etc.
  14. Products prohibited for export.
  15. Any other items defined as inappropriate by Jsmile.

Jsmile reserves the right to refuse to purchase any item that falls under any of the above categories or any item that it deems inappropriate for any reason.

Article 6: Prohibited Conduct

While using Jsmile’s services, Clients are prohibited from engaging in the following activities:

  1. Purchasing or bidding on products prohibited by Jsmile.
  2. Engaging in any activity that is in conflict with this agreement and/or other guidelines posted by Jsmile.
  3. Engaging in any activity that may harm Jsmile’s or Jsmile’s partners’ reputation or business operations.
  4. Engaging in any other activity that is deemed inappropriate by Jsmile.

Jsmile reserves the right to terminate its services with any Client who engages in prohibited conduct as outlined in this article.

Article 7: Disclaimer And Limitation Of Liability

  1. In connection with the Shopping Service, Jsmile does not make any representations or warranties, express or implied, regarding the vendors, quality, legality, or non-infringement of any rights relating to the merchandise.
  2. In connection with the Personal Shopping Service, Jsmile does not guarantee the truthfulness, accuracy, or reliability of any content or the legal compliance or non-infringement of any rights of any party with respect to the relative auction.
  3. Jsmile is not responsible for any damage incurred by Clients due to any disruption, delay, interruption, or loss of data caused by communication lines and/or system breakdowns due to computer failure.
  4. Jsmile is not responsible for any damage incurred by any Client as a result of their violation of the Agreements.
  5. Jsmile is not liable for any damage incurred by any Client arising from or related to the Services, unless such damage is caused by intentional misconduct or gross negligence by Jsmile.

Article 8: Registration

  1. Individuals and legal entities who agree to the TOS may register on the Website.
  2. Only the individual themselves may apply for membership registration, and proxy registrations will not be accepted.
  3. Membership registration for a legal entity must be applied for by an authorized officer or employee in the name of the entity.
  4. Jsmile reserves the right to reject any registration application at its discretion.

Article 9: Fees

Jsmile will establish the fees for its services, which will be detailed separately and may be modified or updated by Jsmile periodically. The fees, which include the calculation method and payment terms, will be based on the conditions set forth by Jsmile.

Article 10: Payment Of Fees

The Client is responsible for making a payment to cover the merchandise price and associated fees before Jsmile makes the purchase on their behalf.

Article 11: Storage Of Merchandise And Applicable Fees

  1. Jsmile does not charge any storage fees to Clients for 30 calendar days after the delivery of merchandise purchased through the Services.
  2. If, however, any merchandise purchased in connection with the Services remains stored with Jsmile for more than 30 calendar days after delivery, the respective Client shall be subject to a storage fee based on the size of the item, as determined by Jsmile. The specific calculation method for the storage fee shall be set forth by Jsmile separately, which may be updated by Jsmile at any time without prior notice.
  3. If the storage period exceeds 30 days and a storage fee has incurred, the Client must pay the storage fee before Jsmile dispatches the merchandise.
  4. If Jsmile stores any merchandise purchased through the Services for more than 90 calendar days after its delivery, the Client will forfeit all rights to the purchase of that merchandise.

Article 12: Accepted Methods of Ordering

The exchange of emails and WhatsApp messages between Party A and Party B is authorized. Orders made by any other means or verbally will not be recognized or accepted.

Article 13: Order Cancellation

Once the merchandise has been purchased, the Client is generally not allowed to cancel the order, unless the seller grants permission to do so.

Article 14: Refund Policy

Jsmile generally does not accept returns or provide refunds for purchased items, unless the seller grants permission for such actions.

Article 15: Termination Of Membership

Clients may choose to terminate their membership at any time by contacting their manager for cancellation instructions. Once these instructions are followed and completed, the Client will no longer have access to the services provided by Jsmile.

  1. Jsmile reserves the right to suspend, or terminate the membership of any Client who:
    1. provided false information during registration or while using the Services,
    2. violates laws and regulations or the TOS,
    3. engages in fraudulent activities while using the Services,
    4. commits any action that jeopardizes the security of their account or the Services.
  2. Jsmile shall not be held liable for any losses or damages suffered by the Client whose membership has been suspended or terminated.

Article 16: Changes Of Services

Jsmile retains the authority to change or remove the service, whether in its entirety or in part, at any time, with or without prior notification to Client.

Article 17: Changes To Terms Of Service

  1. Jsmile reserves the right to modify, amend, or change parts of the TOS at its discretion, without prior notice. These changes will become effective upon being posted on the Website.
  2. By using the Services after any changes have been made to the TOS, the Client are considered to have agreed to the new terms and conditions.

Article 18: Jurisdiction And Applicable Law

  1. The TOS, including its conclusion, effectiveness, interpretation, enforcement, and conflict resolution, shall be governed by the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
  2. Clients and Jsmile agree to exclusively submit to the jurisdiction of the district court in Kanagawa, Japan, for the initial resolution of any disputes arising from or related to the TOS. Both parties also acknowledge that any other courts or dispute resolution institutions have no jurisdiction in this matter.
  3. Until the relevant dispute is resolved, Clients and Jsmile shall continue to perform their obligations under the TOS.

Article 19: Temporary Discontinuation And Suspension Of Services

  1. Jsmile reserves the right to temporarily discontinue its Services without prior notice to Clients in the following circumstances:
  • a. For regular or emergency maintenance of the system and related equipment required for the provision of the Services;
  • b. In case of interruptions, including but not limited to, communication line or power supply issues, caused by Jsmile;
  • c. Due to emergency situations such as earthquakes, typhoons, floods, tsunamis, or other acts of God, government regulations or instructions, or situations in which Jsmile decides that discontinuation is necessary;
  • d. Failure to provide Services due to technical issues.

    2. Jsmile shall not be liable for any damages incurred by Clients resulting from any delay or temporary discontinuation of the Services.

The commencement of these Terms of Service is April 20, 2022.