Terms of Service - Neokyo

Terms of Service

Neokyo Service Description

Primarily, Neokyo (also referred to herein as "the Service") acts on requests on behalf of Members by bidding on and purchase goods from third party sites, and by sending purchased products to Members via their shipping carrier of choice.

Definition of a Member

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

Limitation of Liability

As explained in the "Service Description" section, the service involves Neokyo's purchase of products specified by a Member in accordance with the Member's instructions.
Therefore, the Service 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.
Neokyo is not affiliated with any auction site, their affiliates, or any other company mentioned on this site. Neokyo is not an auctioneer and we have no affiliation with any sellers. We do not make any suggestions about the items you can find via this site. The translation tools offered by our site are only present for the convenience of the user.
Please, make sure the item meets your expectations before doing any bidding.

Alterations to the Terms of Service

Neokyo 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 Neokyo 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 the Service is prohibited

A Member must not use the Service 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).
  • 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 bidding on this category of items.
  • Other products which Neokyo considers improper.
Consult the complete list

Inspection, delivery, and return of products.

After the delivery of items to our premises, Neokyo can inspect packages to verify their contents. Neokyo can remove or add packaging if deemed necessary.
However, Neokyo has no obligation to inspect the product. Moreover, if an inspection does take place, the result of the inspection does 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, after the inspection of the product, we detect an element that violates or is likely to violate the laws and regulations in force, the Service may take measures to report such a situation to the relevant authorities.

Even if the result of the verification process concludes that a Member has been the victim of fraud, Neokyo does not assume any responsibility.

After completing the verification process, Neokyo performs procedures for shipping or exporting products overseas on behalf of the Member. The Service 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.
The Service may, at its discretion, decide on a shipping date for the products if the Member cannot specify a shipping date.

In case of dispute or fraudulent action, our company will try to contact the seller. If the problem is not resolved, we can file a complaint on the relevant sales platform and let you know the results of the complaint. If you are not satisfied and wish to pursue your request through the court process, we can help you find a local lawyer. Note that all disputes due to a sales transaction will occur in a court located in Japan and all costs of such a process will be at your expense.

The Member acknowledges that if, as a result of the verification process, Neokyo believes that the product clearly differs from the details that the seller has given in the product description, Neokyo will negotiate with the seller of the product on behalf of the Member for the return of the product and for a refund.
Neokyo reimburses Members the amount of the refund received by the seller as a result of said negotiations. However, Neokyo does not guarantee the outcome of the negotiations.

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 the Service 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 the Service, 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.

Neokyo must complete the delivery process of the product under the responsibility of the Member and in accordance with the instructions of the Member.
Therefore, Neokyo 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 the Service. 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, Neokyo may refuse to provide the service, even if Neokyo 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 the Service 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 the Service.
  • 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 the Service.
  • Cancellation

    When Neokyo receives a request from a Member for the purchase of the products, the products are purchased by the Service 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.
    If the Service is in one of the following situations, it may cancel the purchase of products for the Member :
    (1) When the tier seller asks to cancel the purchase contract.
    (2) When the products are not delivered within 30 days of the date the order is placed with the seller, except in cases where the product description or other information indicates in advance that the delivery of the product will take more time, as in the case of pre-order products or items produced as a result of the receipt of an order.

    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, Tokyo District Court is the agreed and exclusive jurisdiction of the first hearing.