TERMS AND DEFINITIONS

1. GENERAL PROVISIONS

• 1.1. This document constitutes a public offer. Acceptance of the offer is deemed to occur upon:
• (a) registration of the Client on the Website maketto.jp, confirming acceptance of this Agreement when creating an account; and/or
• (b) payment for services by any method available on the Website; and/or
• (c) confirmation of readiness to pay by clicking the “Pay” / “Pay for Order” button on the Website.
• 1.2. The text of the offer is available on the Website. Publication of an updated version on the Website constitutes a unilateral change of terms from the date of publication. Continued use of the Services after changes constitutes the Client’s consent to such changes.
• 1.3. The agreement is concluded remotely by accession to this public offer and does not require signing.
• 1.4. All settlements and primary documents are issued by the Service Provider in accordance with the laws of Japan.
• 1.5. The Client understands that the Service Provider provides services for organizing the purchase of Goods in Japan and logistics, while the purchase of Goods from Sellers is carried out by the Service Provider in its own name, but at the expense of and on behalf of the Client. Sellers and platforms may issue documents (receipts/invoices) in the name of the Service Provider. Delivery from the Seller is made to the Service Provider’s warehouse address.
• 1.6. The Service Provider provides services subject to compliance with applicable requirements of Japanese law, export control rules and other mandatory restrictions, as well as the rules of carriers and payment partners. The Service Provider may refuse to perform an assignment if performance may violate such requirements or create increased regulatory risks.

2. SUBJECT OF THE AGREEMENT

• 2.1. On behalf of the Client, in its own name and at the expense of the Client, the Service Provider provides Services:
• (a) purchasing Goods from Sellers;
• (b) acceptance, storage, consolidation and handling of Goods at the Service Provider’s warehouse;
• (c) organizing delivery of Goods as instructed by the Client (post, courier, transport company, etc.).
• 2.2. Service Provider’s commission: 10% of the cost of the Goods, but not less than 1,000 JPY per order. “Order” means one purchase in one store. For auctions and private listings platforms (Mercari, Rakuma, etc.), as well as when purchasing used goods, each lot is оформed as a separate order. The exact commission amount is indicated in the invoice.
• 2.3. The Service Provider may engage third parties (courier and transport companies, brokers, etc.) without separate consent from the Client.
• 2.4. The Client consents to receiving, storing, processing and transferring personal data, including transfer to authorized third parties strictly to the extent necessary to provide Services, in accordance with the Japanese Act on the Protection of Personal Information (APPI).
• 2.5. Information about Goods on the Website is for informational purposes only and does not constitute a public offer. The Seller’s original description has priority.
• 2.6. The Service Provider may send the Client service messages and informational mailings. The Client may unsubscribe at any time, and the Service Provider will exclude the contact from the mailing list.
• 2.7. The Service Provider may amend this Agreement, including tariffs and other conditions, by publishing a new version on the Website.

3. RIGHTS AND OBLIGATIONS

• 3.1. Service Provider
• 3.1.1. To provide Services properly within the framework of applicable Japanese law.
• 3.1.2. To maintain confidentiality of the Client’s personal data and disclose it only to the extent necessary to perform the Agreement.
• 3.1.3. To refuse to provide Services without explanation (including in case of the Client’s violation of terms, suspicious purchases, sanctions risks).
• 3.1.4. To suspend work if there are insufficient funds on the Client’s balance or required documents are not provided.
• 3.2. Client
• 3.2.1. To pay all expenses (goods, delivery, commission, taxes, duties, etc.) in full and on time.
• 3.2.2. To provide accurate data and documents and keep payment confirmations.
• 3.2.3. To use the service as intended and inform the Service Provider about commercial purchases.
• 3.2.4. To ensure the Goods comply with carrier requirements and customs legislation of the destination country.
• 3.2.5. The Client is responsible for keeping login credentials for the personal account secure. All actions performed using the Client’s account are deemed performed by the Client. The Service Provider is not liable for consequences of loss of access if it occurred due to reasons beyond the Service Provider’s control.
• 3.3. Restrictions on Goods
• 3.3.1. The Client undertakes to order only Goods that are permitted for sale in Japan, export from Japan, import into the Destination Country, and are accepted by the selected carriers.
• 3.3.2. The Service Provider may refuse to purchase/handle/ship Goods without explanation, including due to regulatory, sanctions, customs or other restrictions, or increased risks of detention/confiscation.
• 3.3.3. If after purchase restrictions are identified that prevent shipment of the Goods to the selected Destination Country or their further circulation, the Client bears the related risks and expenses. The Service Provider is not obliged to refund the cost of the purchased Goods. The Service Provider may offer alternative options for disposing of the Goods (change of destination country, warehouse storage, return to the Seller if possible, disposal). Refunds to the Client are possible only within the amounts actually refunded by the Seller to the Service Provider.
• 3.3.4. The Client acknowledges that orders may be placed using automated tools of the Website. The Service Provider does not guarantee prior verification of each Good for compliance with export control restrictions or destination country requirements. Introduction of new restrictions after purchase does not constitute a breach by the Service Provider and does not entail its liability.

4. PROCEDURE FOR PROVIDING SERVICES

• 4.1. PAYMENT FOR GOODS AND DELIVERY
• 4.1.1. Payment for Goods and delivery services to the Service Provider is made using various methods specified in the “Payment” section on maketto.jp. Depending on the selected payment method, an acquiring fee may apply, which is either included in the exchange rate or charged in accordance with the terms of the selected payment method.
• 4.1.2. Upon the Client’s request, unused funds may be refunded. Refund rules are specified in the “Withdrawal of funds” section. Funds are refunded minus the acquiring fee, if such was applicable for the selected payment method. Refund is made in the payment currency unless otherwise agreed with the Service Provider. Funds are refunded exclusively to the same payment instrument (bank card or wallet) from which the payment was made. Refund to third parties or to details not matching the payer is not performed.
• 4.1.3. The Service Provider does not provide money transfer services, is not a bank or payment organization. Funds received by the Service Provider from the Client constitute payment for Services and/or a deposit (advance) for purchasing Goods by the Service Provider in its own name on behalf of and at the expense of the Client, as well as for payment of related expenses.
• 4.1.4. The Service Provider may, at its discretion, make payments for goods, carrier services, warehouse and other related expenses to third parties in its own name if such payments are necessary to perform this Agreement. Such actions do not constitute money transfer services and do not create obligations of the Service Provider to make transfers on behalf of the Client.
• 4.2. PURCHASE OF GOODS IN ONLINE STORES
• 4.2.1. When placing a purchase order in the Maketto service, the Client must provide all information necessary for the Service Provider to make the purchase. When specifying sizes (for clothing, footwear, etc.), color, models, modifications, variants and other characteristics of the Goods, the Client must provide the most accurate information for execution of the order by the Service Provider. Otherwise, the Service Provider is not liable for non-conformity of the purchased Goods. After the Client places a purchase order, the Service Provider уточняет the current cost of the goods, delivery cost and other expenses and issues an invoice to the Client indicating the agency commission. The invoice is issued in Japanese yen and for reference in rubles (at the current exchange rate).
• 4.2.2. Descriptions of Goods displayed on maketto.jp are generated using automatic translation and may contain inaccuracies. To уточнить information, each Goods page contains a link to the original source — the Seller’s (store/auction) page. Information on the Seller’s original website has priority over the automatic translation and is final when executing the order.
• 4.2.3. To purchase Goods in online stores, the Client must deposit the required amount to the Service Provider’s account. If the Client’s funds are insufficient, purchase of the Goods will not be possible.
• 4.2.4. If the actual price of the Goods differs from the price stated in the invoice, the Service Provider informs the Client at the first opportunity for confirmation or cancellation of the order. If no additional confirmation is received from the Client, the order is deemed cancelled.
• 4.2.5. If the Seller informs the Service Provider that the Goods or part of the ordered Goods are out of stock, the Service Provider informs the Client at the first opportunity for confirmation or cancellation of the order. If no additional confirmation is received from the Client, the order is deemed cancelled.
• 4.2.6. If the ordered Goods are completely unavailable at the Seller’s warehouse, the Service Provider cancels the Client’s order and notifies the Client by sending an electronic message to the address specified during the Client’s registration on maketto.jp.
• 4.2.7. Purchase of a fully paid order is carried out within two business days. Delays may occur due to reasons beyond the Service Provider’s control (orders requiring seller confirmation before payment, correspondence with the seller or service, orders requiring cash payment or payment by invoice), as well as in case of a sharp increase in the number of orders, during national holidays and sales periods. The Service Provider is not liable for possible losses caused by delays or inability to purchase goods due to reasons beyond the Service Provider’s control, restrictions imposed by payment systems, marketplaces or banks.
• 4.2.8. The Service Provider does not guarantee successful purchase of the Goods, even with full payment, if the Seller refused the sale, the Goods are out of stock, or purchase/delivery conditions have changed. In this case, the Service Provider refunds the Client’s funds in accordance with clause 4.1.2 of this Agreement, to the extent actually unused or refunded by the Seller to the Service Provider.
• 4.2.9. By placing an order, the Client confirms that they accept the costs of paying for the order, delivery of the Goods from the Seller to the Service Provider’s warehouse, sales tax (if charged by the Seller), packaging of the Goods, and delivery of the Goods from the Service Provider’s warehouse to the address specified by the Client.
• 4.3. PARTICIPATION IN YAHOO JAPAN AND OTHER AUCTIONS
• 4.3.1. To place orders for purchasing Goods on Yahoo Japan, the Service Provider provides the Client with an automatic purchase service using maketto.jp, but does not guarantee purchase of the Goods.
• 4.3.2. In addition to the automatic bidding system at auctions, the Client may instruct a Service Provider’s manager (hereinafter — “Client Manager”) to place a bid. In this case, the Client sends a request indicating the desired maximum bid amount, and the Client Manager places the bid manually on Yahoo Japan or another resource. The Service Provider places such bid in its own name and at the expense of the Client. All rules provided by this section, including terms of payment, refusal to purchase, liability and refunds, apply in full to bids placed manually through the Client Manager.
• 4.3.3. To purchase goods on Yahoo Japan, the Client must deposit sufficient funds to the Service Provider’s account in advance. If the Client’s funds are insufficient, purchase of the Goods will not be possible.
• 4.3.4. Purchase on Yahoo Japan is possible only from sellers with a rating of 4 or higher.
• 4.3.5. Before placing an order using the automatic purchase service, the Client must review the description of the Goods. By placing the order, the Client confirms that they fully accept the characteristics of the Goods and the terms of purchase. In case of any misunderstanding of the description, the Client must, in advance and before placing the order, request additional information from the Service Provider. The description is generated using automatic translation in accordance with clause 4.2.2 of this Agreement.
• 4.3.6. By placing an order for automatic purchase, the Client fully accepts the characteristics of the Goods and the terms of purchase and delivery from the Seller to the Service Provider’s warehouse. Incorrect or incomplete understanding of the description cannot be grounds for cancellation of the order.
• 4.3.7. When purchasing Goods, the Client confirms that they accept the costs of paying for the Goods, delivery from the Seller to the Service Provider’s warehouse, sales tax (if charged by the Seller), packaging of the Goods, and delivery from the Service Provider’s warehouse to the address specified by the Client.
• 4.3.8. If the Seller does not ship the paid Goods, the Service Provider takes all necessary actions to refund the paid funds, but does not guarantee the refund and, in this case, does not compensate the Client’s losses.
• 4.4. ACCEPTANCE FOR STORAGE, WAREHOUSE HANDLING
• 4.4.1. The Service Provider undertakes to accept at its warehouse the Goods delivered from the Seller for the Client. The free storage period for the Client’s Goods purchased with the Service Provider is 60 calendar days. Storage beyond the free period is charged. The start of the free storage period is the date the Goods actually arrive at the Service Provider’s warehouse. If the Goods are not claimed by the Client within 120 days from the date of arrival at the warehouse, the Service Provider has the right to dispose of the Goods. The cost of the Goods and the Service Provider’s remuneration for disposed Goods are not refunded. If disposal requires additional expenses (including for bulky/heavy goods), such expenses are paid by the Client and may be withheld (deducted) by the Service Provider from the Client’s Balance based on actual costs. The Service Provider notifies the Client of the need to dispose of the Goods or extend storage at least 7 days prior to disposal. Notice is deemed properly sent when sent to the e-mail specified in the personal account, and/or via the Client’s personal account, and/or via the messenger used for communication with the Client. The risk of non-receipt due to incorrect contact details is borne by the Client. The cost of paid storage is published in the “Storage of goods and parcels” section on maketto.jp. The Service Provider may withhold the Client’s задолженность for storage and other rendered services from the Client’s Balance.
• 4.4.2. The free storage period for packed parcels intended for shipment to the Client is 60 calendar days. Storage beyond this period is charged. The cost is published in the “Storage of goods and parcels” section on maketto.jp.
• 4.4.3. The Service Provider undertakes to pack the Goods received at the warehouse in accordance with the standards of the selected delivery method. If the Client’s parcel cannot be shipped by the delivery method selected by the Client due to weight or dimensions, the Service Provider has the right to change the delivery method automatically without agreement with the Client.
• 4.4.4. The possibility of performing other works with the Goods or parcel not listed in the “Services” section is considered individually upon the Client’s request. If additional packaging or other materials are used, their cost is paid separately.
• 4.4.5. The Service Provider may carry out visual inspection, opening of incoming shipments and checking the contents of Goods arriving at the warehouse in order to comply with Japanese law, export control rules, carrier requirements and payment partners’ requirements. If prohibited or restricted goods are identified, the Service Provider may refuse further handling and shipment of such goods and dispose of them in accordance with clause 3.3 of this Agreement, at the Client’s expense.
• 4.5. DELIVERY OF GOODS
• 4.5.1. Delivery of Goods to Clients is carried out using methods and tariffs available to the Service Provider and specified in the relevant sections of maketto.jp.
• 4.5.2. Delivery is paid separately from payment for the Goods. Delivery cost is indicated after the parcel is packed and weighed at the Service Provider’s warehouse. If the Client’s funds are insufficient, shipment is suspended until delivery is paid.
• 4.5.3. After packaging according to the Client’s instructions, the Service Provider does not replace Goods in the packed parcel, does not change the recipient specified by the Client, and does not perform other changes or manipulations with the Goods.
• 4.5.4. Services are deemed fully rendered by the Service Provider from the moment the Client’s Goods are handed over to a postal service, courier service, transport company (carrier) or other organization ensuring delivery chosen by the Client, for delivery to the Client’s address.
• 4.6. RETURN OF GOODS TO SELLERS
• 4.6.1. The Service Provider does not provide any warranties for the Goods and does not return Goods to Sellers. Return is possible only in case of an obvious mismatch of the Goods with the characteristics and condition stated by the Seller. The Service Provider is not liable for the Seller’s refusal to accept a return.
• 4.6.2. In case of mismatch with the Seller’s stated characteristics/condition, return is possible only while the Goods are at the Service Provider’s warehouse, prior to packaging for shipment to the Client.
• 4.6.3. Claims regarding characteristics, condition, completeness may be submitted to the Service Provider within 2 days after the Goods arrive at the Service Provider’s warehouse.
• 4.6.4. If the Seller sells the Goods marked as “non-working”, “junk”, “no returns”, the Service Provider cannot return such Goods even if the condition does not match the stated one.
• 4.6.5. The Service Provider decides on the possibility of return solely guided by the Seller’s decision.
• 4.6.6. In case of return to the Seller, refund to the Client is made after the Seller actually refunds funds to the Service Provider.

5. CUSTOMS CLEARANCE OF CLIENT’S GOODS

• 5.1. The Service Provider exports Goods from Japan as an exporter in the scope and according to procedures applicable to the selected shipping method, in accordance with Japanese law.
• 5.2. After export from Japan, further customs clearance and release into circulation in the destination country is performed by the Client independently or through authorized persons. The Client bears full responsibility for compliance with the laws of the destination country, including payment of duties, taxes, certification and other mandatory procedures. The Service Provider is not the Client’s customs representative in the destination country.
• 5.3. The Service Provider may, upon separate instruction of the Client, organize customs clearance in the destination country through an engaged broker. In this case, the Client agrees to provide all necessary documents and data (including passport/identification data) for transfer to the customs representative. The Client confirms that clearance is performed in the Client’s name and interest. Such services are provided by separate agreement and are not included in the standard services.
• 5.4. The Service Provider is not liable for decisions, actions or inaction of customs authorities of the destination country, including detention, arrest, seizure or confiscation of Goods, as well as for customs clearance timeframes and delivery after crossing the border.
• 5.5. The Service Provider is not obliged to notify the Client about the process or results of customs clearance unless otherwise agreed separately.

6. LIMITATION OF LIABILITY AND FORCE MAJEURE

• 6.1. The Parties are released from liability for non-performance of obligations due to force majeure circumstances that arose after conclusion of the Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Such events include flood, fire, earthquake, storm, epidemic, war, actions of public authorities, etc.
• 6.2. The Service Provider is not liable for the Client’s expenses or losses arising from the use or inability to use services, errors, interruptions, delays, defects, etc.
• 6.3. The Service Provider is not liable for actions of banks, postal, courier, transport services, internet providers, mail services, payment systems and other related organizations.
• 6.4. The Service Provider is not liable for delivery times from the Seller to the Service Provider’s warehouse.
• 6.5. The Service Provider is not liable for response times of Sellers to inquiries made on behalf of the Client.
• 6.6. The Service Provider does not provide repair, warranty service, localization, or support for purchased Goods.
• 6.7. The Service Provider does not check the Goods for compliance with the Seller’s characteristics unless such inspection is ordered separately; the Service Provider is not liable for Seller errors.
• 6.8. If the Seller does not ship paid Goods or acts in bad faith, the Service Provider takes reasonable measures to resolve the issue via the platform. Compensation is possible only in case of successful resolution.
• 6.9. The Service Provider is not responsible for the Client’s choice of Seller and consequences of such choice.
• 6.10. The Service Provider is not responsible for inaccuracies in automatic translation of Goods descriptions.
• 6.11. The Client undertakes not to make the Service Provider a defendant or co-defendant in claims against third parties (Sellers, carriers, banks, etc.).
• 6.12. The Service Provider is not liable for loss, arrest, confiscation of Goods and delivery timeframes. Compensation of losses is possible only if the Service Provider’s fault is confirmed and documented.
• 6.13. The Service Provider is not liable for possible damages caused by temporary unavailability of maketto.jp, technical failures of the service or third-party systems.
• 6.14. The Service Provider compensates the Client’s losses only if the Service Provider’s fault is proven; the amount of compensation may not exceed the amount of the Service Provider’s commission for the relevant service.

7. DISPUTE RESOLUTION

• 7.1. All disputes and disagreements related to performance of this Agreement shall be resolved through negotiations.
• 7.2. Before contacting a bank, payment system or initiating a payment dispute/chargeback procedure, the Client undertakes to submit a claim to the Service Provider for pre-trial dispute resolution.
• 7.3. This Agreement is governed by the laws of Japan. If negotiations fail, disputes shall be resolved in the courts at the Service Provider’s location (Toyama, Japan), unless otherwise required by applicable mandatory rules.

8. FINAL PROVISIONS

• 8.1. This Agreement enters into force upon acceptance by the Client and is valid indefinitely.
• 8.2. The Service Provider may amend this Agreement unilaterally by publishing a new version on the Website. The new version enters into force upon publication unless otherwise stated in the text of changes.
• 8.3. Invalidity of certain provisions does not affect validity of the remaining provisions.
• 8.4. The Client confirms that prior to acceptance they have reviewed all sections, including rules for refunds, storage and delivery.
• 8.5. Legally significant messages, notices and documents are sent to the Client to the email address specified during registration and/or through the personal account on the Website. The Client must keep contact details up to date. The risk of non-receipt of messages due to incorrect or outdated data is borne by the Client.