Terms & Conditions

Clause 1: Applicable Terms
G-Trading Co.,Ltd.(hereinafter referred as “the company”) hereby establish the following rules and regulations(hereinafter referred to “the terms”) for counterparties utilizing the company’s domain www.0123go.com for used vehicles and other items(hereinafter referred as “users” and “service”).

Clause 2: Users Notification

1. Except where otherwise mentioned in the Terms, users are notified by the company via e-mail, via general postage on the service website or by other means deemed appropriate by the company.
2. Where notification as described in (1) above is carried out by e-mail, said notification is deemed complete when the e-mail has been sent to the user’s e-mail address.
3. Where the notification in (1) above is carried out by general postage to the service, said notification is deemed complete once it has been posted to the website and users accessing the service can view the posting.
4. Once notification as in (2) or (3) above has been completed, any information contained in said notification is effective immediately.
5. Users are under obligation to peruse notification from the company made by e-mail without delay. User perusal e-mail is defined as the user displaying the mail delivered to their server on their screen, carefully reading the content, and verifying that it has been understood.

Clause 3: Changes to the Terms

1. Where changes are made in the Terms, the company will notify users of such changes. If users do not indicate that they do not accept the changes made when they next use the service, or within one week of notification of said changes, users will be deemed to have accepted the changes.
2. Where one or more Clauses or parts of Clauses contained within these Terms is deemed ineffective or not executable, the remainder of the Clauses or parts of Clauses as well as the Clauses or parts of Clauses deemed ineffective or not executable will remain fully in force. The company and/or the user will legitimize the Clause or part of Clause deemed ineffective or not executable and revise it as necessary on order to facilitate enactment. Both parties will work toward achieving the original objective, as well as legal and economic impact, of the concerned Clause or part if Clause.

Clause 4: Applicable Laws
The enactment, validity, execution, interpretation etc., of the Terms are subject to the laws of Japan.

Clause 5: Court Jurisdiction

1. Should any disputed between users and the company occur with regard to the service and/or any contracts concluded through the service, the parties concerned agree to attempt to settle any such disputes in a sincere manner through discussion.
2. If the disputes cannot be resolved through discussion between the parties concerned, either the Yokohama District Court or the Yokohama Summary Court holds original, exclusive jurisdiction over the dispute.

Clause 6: Making Changes to Registered Information

1. Should changes occur in user’s information such as name, address, and other information provided to the company at the time of application, users must report any such changes to the company immediately.
2. The company is not liable for any damages incurred by the user or a third party due to failure to inform the company of the changes in user information mentioned above.
3. Where the user neglects to inform the company of changes in registered information, the user understands that the company will deem any notification sent to be received by the user at the time it is supposed to be received, even if said notification returns to the company as undeliverable, as the notification will be sent as indicated in the information previously provided to the company by the user.

Clause 7: Restrictions

1. Actions that infringe on company or third party copyrights or other rights, or actions that pose a threat to such rights.
2. Actions that infringe upon the company’s assets or it’s privacy, or actions that pose a potential threat to such rights.
3. In addition to (1) and (2) above, actions that cause loss or damage to a third party or to the company, or actions that pose a potential threat of such loss or damage.
4. Transfer of rights said in the Terms to a third party.
5. Actions resulting in the defamation of a third party or the company.
6. Illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.
7. Utilizing the service as a third party.
8. Falsifying or suppressing company or third party information through access of the service.
9. Utilizing harmful computer programs such as viruses through the service or in conjunction with the use of the service, or providing any such programs.
10. Actions leading to inconvenience or loss for the company or a third party, actions that may interfere with the service, or actions that impede operation of the service.
11. Utilizing the service in order to cause significant interference to the use of the service by other users, either directly or indirectly.
12. Actions that may promote any of the above actions including linking to sites that carry out above actions, including where said actions carry out by a third party.
13. Other illegal actions or actions that may potentially lead to illegal actions.
14. Other actions deemed inappropriate by the company.

Clause 8: Estimates

1. Users who wishes to obtain an estimate for used vehicles or other items (hereinafter referred as “goods”) sold through the service, can request the estimate via the service by means specified by the company by entering the required information such as name, address, e-mail address, etc..
2. Where an estimate is required according to the procedure described above, it will be forwarded to the user within three business days by e-mail, or other means deemed appropriate by the company.
3. Estimate will be forwarded to users as described in Clause2 of these Terms, however, that this information will not be conveyed in the form of general postings on the service.
4. Estimates will be sent within three working days, as described in (2) above, only for users that complete the required information as stipulated under the rules of the service. Should a user unable to obtain an estimate due to incorrect or incomplete information, etc., and as a result incurs loss such as damage or conflict, the user is responsible, both financially and otherwise, for resolving any disputes arising. The company will not be held liable in any way, and the user will not cause loss to the company.

Clause 9: Conclusion of Contract

1. Users wishing to purchase goods from the company through the company’s service, should remit the amount indicated in the estimate (described in Clause8) by telegraphic transfer, or should remit the funds to a specified account by other means of settlement as stipulated by the company in the currency specified by the company. Users are responsible for any bank fees incurred in the remittance of funds.
2. The contract is concluded where payment is remitted to the company’s specified account by the means described above, or where payment is made by some other method specified boy the company, and said payment has been made.
3. Once payment has been made by the user and confirmed by the company, and the user (hereinafter referred as “the contractor”) and the company both agree to the sale, the contractor is promptly notified by e-mail, or other means deemed appropriate by the company, that the contract has been concluded. Users who have made remittance are assumed to have understood and agreed to the estimate.
4. It is the responsibility of the contractor to research in advance any import restrictions in their own country, and to report these to the company. Further, the contractor is responsible for paying all taxes assessed in there country.
5. It is the sole responsibility of the contractor to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in (4) above, and the contractor will not hold the company liable in any instance whatsoever. Further, the contractor is liable for any resultant damages incurred by the company, while the company bears no liability for any such damages.

Clause 10: Termination of Contract

1. Even where the contract has been concluded as described in (2) of Clause 9, the company reserves the right to terminate the contract where the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the contractor has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the contractor.
2. In instances as described in (1) above, any funds remitted or payments made to the company will be returned to the contractor in full. Any bank fees arising as a result are to be paid by the contractor, and the company pays no interest whatsoever on funds held through the date of refund. Further, where any actual costs arise through the period up until the refund is made, any such costs are the responsibility of the contractor, and the company bears no costs whatsoever.

Clause 11: Refunds

1. Refunds are made only where there is a reasonable basis for such action, such as where agreement is not reached on a contract for the payment concerned.
2. Refunds may also be given where both parties agree, even where no reasonable basis as described in (1) above is recognized.
3. Bank fees assessed on remittances related to refunds as described in (1) and (2) above are paid by the contractor, except where the company is largely responsible.

Clause 12: Transfer of property Rights on Goods

1. The timing of transfer of property rights between the company and the contractor is governed by the International Commercial Terms. Ownership of goods purchased under F.O.B. quote is transferred at the time they have passed the ship’s railing, while that of goods purchased under the C.I.F.,C.F.R., C&I quote is transferred when the goods pass the ship’s railing provided the shipping documents have been issued. In other cases, transfer timing is determined by the company and the transferee based on individual circumstances.
2. Where the company and the contractor agree to conditions other than the above, their agreement takes precedence.

Clause 13: Transfer of Risk

1. The International Commercial Terms apply to the timing of transfer of risk on goods between the company and the contractor, as noted on the estimate at the time the contract is concluded (See Clause 9)
2. Where the company and the contractor agree to conditions other than the above, their agreement takes precedence.

Clause 14: Product Liability
Company sales are based on As-Is condition at the time of sale. The company bears no liability whatsoever for problems, including failure and/ or accidents, with contractor purchase of goods where such problems arise from breakdown, defects etc. that are the responsibility of the commodity manufacturer ( hereinafter referred as “manufacturer”). Further, the company holds no liability for damages so incurred by any third parties.

Clause 15: Defect Liability

1. As described in Clause 12, once the property rights have been transferred, the company is in no way liable for damages incurred by the contractor, including defects or failure. Further, the company holds no liability for damages so incurred by any third parties.
2. The company and contractor may agree to conditions other than the above, in which case their agreement takes precedence.

Clause 16: Cost Burden

1. The company is in no way liable for costs related to failure or accidents stemming from defects, for defects or failures that are the responsibility of the manufacturer, or for other damages incurred by the contractor or a third party. The contractor covers the cost burden required to solve any such issues.
2. In the extremely rare event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of the company, the company will pay all repair and compensatory costs involved, regardless of the rules stipulated in (1) above.
3. The company and contractor may agree to conditions other than the above, in which case their agreement takes precedence.

Clause 17: Returns

1. Where a contract is concluded as stipulated above, the company will not allow for any returns once the goods or property rights on such goods have been transferred.
2. Exceptions to the above mat occur where the company is largely responsible.

Clause 18: Termination and Suspension of Service

1. The company may terminate or suspend operation of the service for regular or emergency system maintenance or work on the service, or under unavoidable conditions such a company system failure.
2. Where due to war, civil unrest, rioting, labor disputes, earthquakes, volcanic eruption, floods, tsunami, fire, system failure due to hacking or a computer virus, or other emergency conditions, the service cannot be operated as usual.
3. Where so restricted or order by a government agency, or where the service of other electronic communications companies have been terminated or suspended.
4. Under any other circumstances where the company deems temporary suspension necessary to the operation of the service.
5. The company will inform users in advance when operation of the service is to be terminated or suspended as per the above. Note, however, that this may not be possible in emergency situations.
6. The company is in no way liable for damages incurred by users or third parties resulting from termination or suspension of the service.

Clause 19: Exclusions

1. Except where otherwise specified in the Terms, the company is in no way liable for damages incurred by users or third parties through the provision of or delays/changes in, suspension, termination, discontinuance, or abolishment of the service, leakage or loss of information provided through registration with the service or other means, or damages otherwise incurred related to the service.
2. The above may not necessarily apply in case where there is criminal intent or gross negligence on the part of the company.
3. The company makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the service, or of information obtained by users through the service.
4. The company makes no guarantees of proper operation of any user equipment or software.
5. The company is in no way liable for any disputes between users and third parties that may arise through use if the service.
6. In addition to the above, the user is liable for compensation of any damages incurred by the company as a result of his or her violation of the Terms, criminal intent, or gross negligence.