Terms of Service

EMOTrade Service Description

EMOTrade (the “Service”) negotiates with third-party sellers to purchase products on behalf of members, and then sends the purchased products to members via a shipping company selected by the member.

The service can not be used in the case the user intends to ship his orders to a Japan domestic address. The service should only be used to ship the purchase to an oversea address outside Japan.

Definition of a Member

A Member refers to an individual or legal entity who has consented to EMOTrade’s terms of use, has requested and consented to use of the service offered by the company, and has been accepted by EMOTrade as a Member of the site.

Limitation of Liability

As explained in the “Service Description” section, the service involves EMOTrade’s purchase of products specified by a Member in accordance with the Member’s instructions.

Therefore, EMOTrade is only responsible for the purchase and shipping of products submitted by a Member. And therefore is not responsible for any claims regarding the description of the products received, any defects, or other claims.

EMOTrade is not affiliated with any EC site, their affiliates, or any other company mentioned on this site. EMOTrade have no affiliation with any sellers.

Please, make sure the item meets your expectations before doing any purchasing.

Alterations to the Terms of Service

EMOTrade reserves the right to modify these terms of service without prior notice provided and without prior acceptance of these terms of service by its user base. Use of the EMOTrade site by the Member means the acceptance of these terms and any modification of these terms.

In the event of significant changes to our privacy policy, we will announce these changes on our homepage and social networks.

Products for which the use of EMOTrade is prohibited

A Member must not use EMOTrade to import the following types of products:

• Items weighing more than 30 kilograms or whose size or weight exceeds the limits allowed by the delivery company (Japan Post).
• Large items (such as tires, wheels, furniture, etc.) *Please inquire for details when requesting a quote.
• Not new items.
• Stimulants, cannabis, narcotics or other illicit substances are prohibited.
• Food or drink, or any other item that can easily deteriorate or spoil.
• Firearms, swords, weapons, ammunition, powders, explosives, poisons and dangerous substances.
• Medical supplies and equipment.
• Child pornography, adult videos, or other obscene material.
• Items containing a magnet (these can be accepted only if shipped by FedEx)
• Items containing dangerous substances such as gasoline oil or gas.
• Any item containing a lithium battery.
• Items whose transport, export, or import are prohibited or restricted by the laws and regulations of either the exporting / importing country, including transit countries, national or local governments.
• Items not authorized for transport by the carrier (Japan Post, FedEx, etc.) Any object containing or which may contain gas or compressed air (such as a tire, spray paint can, or gas cylinder)
• Dead or living animals or plants.
• Importing products containing alcohol may be limited according to your local legislation.
• Please inquire about this before request for quote on this category of items.
• Other products which EMOTrade considers improper.

Product deliveries

After the delivery of items to our premises, EMOTrade can remove or add packaging.

EMOTrade can tamper with an order on the Member request. EMOTrade can not guarantee the quality of the product, the presence or absence of defects, the authenticity of the product, or that the said product will not violate the laws or ordinances of any countries while the product is en route to the it’s destination.

If we detect an element that violates or is likely to violate the laws and regulations in force, EMOTrade may take measures to report such a situation to the relevant authorities.

If a Member has been the victim of fraud, EMOTrade does not assume any responsibility.

After completing the verification process, EMOTrade performs procedures for shipping or exporting products overseas on behalf of the Member. EMOTrade may, at its discretion, determine the method of delivery, international delivery charges, and other expenses such as postage and handling charges, and/or the costs necessary for the delivery of products according to the weight and size of the goods.

EMOTrade may, at its discretion, decide on a shipping date for the products if the Member cannot specify a shipping date.

The Member acknowledges that in case of dispute or fraudulent action from the seller, or if the items purchased on behalf of the member were never received by EMOTrade, no refund will be possible in the event that no recourse to the sales platform, seller or carrier is possible.

The Member acknowledges that if the product clearly differs from the details that the seller has given in the product description, EMOTrade will be able to raise the issue with the seller, either proceed the return of the product for a refund or replacement.

International Shipping and Refunds

Our company is not a part of any contract of carriage with a carrier for the transportation of a product, and our company assumes no responsibility for losses suffered by a Member in connection with non-delivery, delay, damage, etc. that result from an accident during transport.

Any fees, duties and taxes that may arise before and after the shipment are the responsibility of the Member.

The Member gives all authority to EMOTrade to conclude a contract of carriage on behalf of said Member. None of the estimates of the delivery time of the package appearing on the site are binding for EMOTrade, and the exceeding of these deadlines by the company providing the transport does not, under any circumstances, open the possibility of a partial or total refund of the expenses settled before the expedition.

EMOTrade must complete the delivery process of the product under the responsibility of the Member and in accordance with the instructions of the Member.

Therefore, EMOTrade cannot be held responsible for information relating to the export and import of products, such as the name of the product, the price of the product and the quantity of the product on the invoice, or for the amount of tariffs incurred on the basis of this information, or measures such as import bans, etc. imposed by the country of destination. The Member must be required to pay all customs duties incurred in the importation of the products and taxes collected by the country of destination.

A Member may not change the delivery destination of the products unless the Member submits an application using the form prescribed by EMOTrade. These requests are void if the package has already been taken into account by the delivery provider.

Refusal to provide service

In the situations described below, EMOTrade may refuse to provide the service, even if EMOTrade has previously agreed to provide the service.

• When a product is forbidden as defined in our terms of service.
• Where the place or address to which the products are to be dispatched cannot be verified.
• When the carrier can not transport the products.
• When the products are stopped at customs.
• When the Member does not pay the purchase price or other charges
• When it is found that the cost of purchase or conditions of sale declared by the company or the seller contain an obvious error.
• When EMOTrade believes that the products for which the Member has requested a purchase for will be difficult to obtain.
• When the Member does not pay the purchase price or other charges on the date designated by EMOTrade.
• When the Member does not receive the products on the date designated by the carrier, resulting in a return of the products to Japan.
• When the Member does not respect the terms of service.
• When any other act is committed that is deemed inappropriate by EMOTrade.
• When the User interacts by any way with the seller from which EMOTrade is mandated to purchase from.

Cancellation

When EMOTrade receives a request from a Member for the purchase of the products, the products are purchased by EMOTrade on behalf of the Member. Therefore, a Member cannot cancel a purchase request at its convenience, even if that contract has not yet been executed and it’s the same if the contract has already been executed.

Applicable Laws and Jurisdictions

Japanese laws govern over the terms of service.

If a dispute arises in connection with the terms of service or separate conditions, Fukuoka District Court is the agreed and exclusive jurisdiction of the first hearing.

2/12/2024 updated