Terms & Conditions- KGS's Personal Import Support Service
Terms and Conditions
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING FOR KGS SERVICES. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN KGS SERVICES.
1) ELIGIBILITY TO USE SITE
You must be at least 20 years old and a resident in Japan with a valid credit card and/or valid bank account or you are using our service under supervision of a parent or guardian who is a resident in Japan.
You must be a consumer who wishes to purchase commodities from US via personal import. You must not be a re-seller or a wholesaler whose intention is to redistribute the goods purchased through our services.
You are prohibited to transfer,buy,sell and/or rent your eligibility to the third party under any circumstances.
2) REGISTRATION AND SERVICE ID
You must register at lease one valid recipient of a package in Japan including name,physical address and telephone number.
Upon registration, we will issue you a service ID. We will manage the ID and US merchants and our logistic partner may reference it as needed.
3) SERVICE
Our service includes but is not limited to the following "Purchasing","Receiving","Sorting","Inspection","Re-Packaging" and "Freight Forwarding".
Purchasing
We will purchase product(s) on your behalf that you have specified in the order form during checkout. We will charge the actual amount of products,US shipping and handling fee, and US consumption tax (hereafter Purchase Price).
| Receiving | We will receive packages that US merchants ship to our service facility on behalf of you. |
|---|---|
| Sorting | We sort items in the package as needed on your behalf. |
| Inspection | We visually inspect items in the package as needed on your behalf. |
| Re-Packaging | We re-package received items into one or more boxes as needed. |
| Freight Forwarding | We ship the package to the shipping address in Japan that you specify on the order form. |
4) PAYMENT
Chargeable Items
| Purchase Price | Total amount of the product, US shipping and handling fee and US consumption tax if applicable. |
|---|---|
| Service Fee | Compensation for our service including purchasing,receiving,sorting,inspecting,storing, and freight forwarding of goods and packages. |
| International Freight Fee | Actual shipping cost for sending goods or packages from our service facility to the specified location in Japan including air cargo fee, fuel surcharge,customs clearance charge and in country delivery charge. |
| Import Tax | Duties and tariffs that are imposed on imported goods including in country consumption tax. |
| Quarantine Fee | The fee that may occur when the imported product is classified as subject to quarantine. |
| Cancellation Fee | The fee that may be collected when the order is cancelled by you. |
| Return Shipping Cost | Actual cost of returning goods from our facility to US merchants. |
Credit Card
When you use credit card to pay for our service, it will be billed in US dollars (USD).
Bank Transfer
When you use bank transfer to pay for our service, it will be billed in JPY per the FX rate that is set forth by KGS.
COD
If you pay by COD(Cash on Delivery), it will be billed in JPY and the FX rate that is set forth by the delivery company will be applied.
Paying US Merchants
When you purchase directly from US merchants and use our freight forwarding service, US merchants will charge your credit card for the Purchase Price. When we receive packages from the merchant and when the packages are ready for freight forwarding to Japan, we will charge your credit card for our Service Fee and the International Freight Fee.
You will pay Import Tax to the delivery company we designate.
Paying for KGS
When you ask us to purchase products on behalf and receive, sort, inspect, repackage the goods and forward the package to you in Japan, we will charge Purchase Price, Service Fee and International Freight Fee, either to your credit card, by bank transfer or COD. For credit card, we will charge your credit card when the package is ready for shipping to Japan. We will issue an invoice for bank transfer and we will ship the package upon verifying the payment. You will be paying cash directly to the delivery staff when you select COD as the payment method.
In all three cases, you will be paying Import Tax and Quarantine Fee to the delivery staff upon delivery of your package.
Other Payments
If your package is so heavy and large that it has to be shipped via special air cargo or via ocean freight, we will only charge you Purchase Price and our Service Fee to your credit card in USD. You must pay International Freight Fee and Import Tax to the delivery company.
When you purchase products directly from US merchants and use our freight forwarding service, if your products become subjected to quarantine in custom, you will be responsible for paying the fee.
We will charge International Freight Fee, Service Fee, Cancellation Fee and/or Return Shipping Cost when your package is returned to our facility center for the reasons described below.
- In case when you did not receive your package 7 days after the first delivery attempt.
- In case you refused to receive the package for any reason.
We will charge a Cancellation Fee and/or Return Shipping Cost when your package has to be retuned to the US merchants for the reasons described below.
- When you refuse to receive the package for any reason.
- When you cancel your order for any reason.
- When we receive a product that is prohibited to be export from the U.S.
- When we receive a product that cannot be imported to Japan.
5) Designation of Delivery and Custom Clearance Vendor
We designate Yamato USA and Yamato Logistics as the delivery and customs clearance vendor for our service.
Our vendor cannot ship and handle items described below.
- Opium pipes, psychoactive drugs, marijuana, opium or any other types of narcotics or illegal drugs.
- Pistols, rifles, machine guns, canons or any other firearms.
- Explosives, combustible materials or anything that can be used to create a chemical weapon.
- Contagious bacteria and viruses (those that may be considered for use in a terror attack).
- Cash or corporation securities that are falsified, counterfeit or imitated in any way.
- Documents, pictures, sculptures, and other objects (pornographic magazines, video, DVD, etc.) that violate public morals.
- Objects of piracy, objects violating copyright laws, intellectual property law or patents.
- Products, wrappings, and plants that may violate animal or plant quarantine laws.
KGS retains the right to refuse forwarding of any products that we determine to be inappropriate for international shipment. You must also agree to the TERMS AND CONDITIONS OF CARRIAGE.
If you violate these terms and conditions by intentionally shipping prohibited goods to our service facility, KGS will dispose of the item(s), disable your user account as well as your registered information associated with your account.
6) INDEMNITY
You agree to hold KGS harmless from, and indemnify us for, any damage, costs, expenses and other liabilities between you and the merchants except when we purchase products on behalf of you as stated in clause 3).
You agree to hold KGS harmless from, and indemnify us for, quality,safety and legality of the products purchased from the merchants except within seven days of delivery for cases when we purchase products on your behalf as stated in clause 3).
You agree to hold KGS harmless from, and indemnify us for, all damages, costs, expenses and other liabilities caused by the merchants inability to fulfill goods on time or at all even when we purchase products on behalf of you as stated in clause 3).
You agree to hold KGS harmless from, and indemnify us for your inability to comply and observe the Japanese Laws and other International Laws.
7) LIMITATION OF LIABILITY
IN NO EVENT SHALL KGS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF KGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL KGS AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM EXCEED THE AGGREGATE AMOUNT OF THE ORDER INCLUDING PURCHASE PRICE, SERVICE FEE AND INTERNATIONAL FREIGHT FEE.
8) AMENDMENT
We may change,amend alter these terms and conditions in part or full without warning you.
9) ELECTRONIC COMMUNICATIONS
We may communicate with you regarding the services provided by KGS by means of electronic communications, including sending electronic mail to the e-mail address you provided during registration; posting notices or communications on KGS.
10) TERMINATION AND EFFECT OF TERMINATION
You agree that KGS may at any time without notice or cause refuse service, terminate any rights granted herein, terminate accounts and/or cancel orders or portions thereof in its sole discretion, including, without limitation, if KGS determines that any user conduct violates applicable law or is harmful to the interests of KGS. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (e-mail or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Agreement ends. If you continue to use the site after termination of the Agreement your continued use will constitute your agreement to the terms and conditions then posted on the Site. The provisions entitled “Ownership of Content and Submissions”, Limitation of Liability”, “Ownership; Proprietary Rights” “Indemnity”, “Disclaimer of Warranties” and the Privacy Policy will survive termination of this Agreement.
11) APPLICABLE LAW
You agree that any and all claims and/or disputes between You and KGS that arise out of or relate in any way to this Agreement or your use of the Site will be governed by the laws of the State of Oregon (and United States federal laws applicable therein), without regard to principles of conflict of laws.
12) EXCUTION OF CONTRACT
You agree that by completing registration with KGS, you agree and you are immediately bound by these terms and conditions.
Updated Jan 21, 2011