Mandarake On-Hand Storage Consignment Sales Service Terms and Conditions

Chapter 1: General Provisions

Article 1 (Purpose)

  1. These Terms and Conditions (hereinafter "Terms") define the rights and obligations between Mandarake Inc. (hereinafter "the Company") and consignors when using the On-Hand Storage Consignment Sales Service (hereinafter "the Service").
  2. The Service allows consignors to sell items while retaining possession, with the consignor solely responsible for all shipping procedures, including overseas.
  3. The Service currently supports auction-style sales, with listings appearing on the auction website and in "Mandarake Zenbu." Future channels will be announced through updated Terms or guidelines.

Article 2 (Definitions)

  1. Consignor: An individual or corporation registered to list products while retaining possession.
  2. Buyer: A third party who places a winning bid or purchase and is registered as a member.
  3. Consignment Sales Agreement: The contractual relationship whereby the Company handles the sale, receives payments, and processes settlements post-sale.

Article 3 (Application of Terms and Priority)

  1. Any separate guidelines are part of these Terms.
  2. In case of conflict, these Terms take precedence unless stated otherwise.

Chapter 2: Membership Agreement

Article 4 (Membership Registration)

  1. Users must complete membership registration and receive approval.
  2. Users must verify their identity with official ID and be legal adults.
  3. The Company may refuse or cancel membership if:
    • False, incorrect, or incomplete information is provided.
    • The user was previously suspended for violations.
    • Other deemed inappropriate circumstances arise.
    • Required documents are not submitted by the deadline.

Chapter 3: Contract Formation and Listing Procedure

Article 5 (Application and Contract Formation)

  1. Consignors must apply by submitting product info, pricing, shipping conditions, and personal details.
  2. The Company reviews submissions and may reject items outside its scope.
  3. The contract is formed when both parties agree on terms.
  4. Additional ID verification may be requested.
  5. The Company controls sales strategies, which must not be disclosed externally.

Chapter 4: Auction Sales Regulations

Article 6 (Authenticity Appraisal and Fees)

  1. Simple online appraisals may be requested.
  2. The Company may refuse handling of products even after appraisal.
  3. Formal appraisals incur fees borne by the consignor.

Article 7 (Product Storage and Publication Consent)

  1. Consignors must store products securely and be ready for shipment.
  2. Product information may be used for promotional purposes.
  3. Consignors grant the Company rights to use submitted information, including editing and publishing.
  4. These rights continue post-contract unless revoked with limitations.
  5. Copyright remains with consignor; moral rights are waived for permitted uses.
  6. No royalties are paid for information use.

Article 8 (Prohibited Items and Counterfeits)

  1. Prohibited, restricted, or counterfeit items are not allowed.
  2. Violation may result in contract cancellation.
  3. The consignor is liable for counterfeit products unless officially authenticated.

Article 9 (Auction Operation)

  1. Products are sold via auctions according to company guidelines.
  2. A sales contract is established upon winning bid confirmation and buyer payment.
  3. Product condition may be rated and published by the Company.

Article 10 (Relisting and Buyer Cancellations)

  1. Unsold items may be relisted after consultation.
  2. Buyer cancellations may incur penalties for buyers; the Company holds no payment liability to consignors.

Chapter 5: Post-Auction Procedures

Article 11 (Payment Processing and Confirmation)

  1. Payments are received by the Company, and consignors are notified upon confirmation.
  2. Shipping must occur within three (3) days after notification.
  3. Pre-set shipping fees and insurance apply and cannot be changed post-auction.

Article 12 (Consignor's Shipping Responsibilities)

  1. Consignors handle packaging, carrier arrangement, insurance, and shipping info sharing.
  2. Customs duties and clearance fees are buyer's responsibility.
  3. Proxy addresses may be used with Company approval but do not shift responsibility.
  4. Buyer personal data must be deleted after shipment and confirmed if requested.

Article 13 (Shipping Risks and Responsibilities)

  1. The Company is not liable for shipping issues. The consignor handles all risks and insurance.
  2. High-value items exceeding insurance limits require consultation.

Article 14 (Delivery Confirmation and Dispute Period)

  1. Delivery is confirmed via buyer acknowledgment or tracking.
  2. Buyers have five (5) days to raise disputes.
  3. The Company facilitates resolutions for serious disputes.

Article 15 (Return Policy)

  1. Returns are generally not accepted except for counterfeit, significant defects, or wrong items.
  2. Consignors bear return costs in approved cases.
  3. Failure to act on returns may lead the Company to refund buyers directly without consignor approval.

Chapter 6: Fees and Payments

Article 16 (Types of Fees and Calculation Method)

  1. Fees include:
    • Listing Application Fee: Free
    • Sales Commission: 20% of the final price
    • Authenticity Appraisal Fee: As per official price list
  2. Additional costs require prior notice.
  3. Consignors must deposit 5% of the starting price, refundable unless terms are violated.

Chapter 7: Contract Termination, Cancellations, Exemptions, and Other Provisions

Article 17 (Payment of Sales Proceeds)

  1. Sales proceeds are paid after commissions and fees are deducted and the dispute period has passed.
  2. Payments are in JPY, with related costs borne by consignors.

Article 18 (Consignor Cancellations and Penalties)

  1. Penalties for cancellations vary by stage:
    • Before auction notice: 5%
    • After auction notice: 10%
    • After auction ends: 20%
    • After Simple Appraisal: 10%
  2. Penalties may be adjusted for force majeure situations.

Article 19 (Prohibited Acts)

  • Listing illegal goods, false descriptions, fraud, direct buyer contact, infringing items, or any inappropriate acts are prohibited.

Article 20 (Contract Termination)

  1. Serious breaches may result in immediate termination.
  2. Fees paid are non-refundable, and the consignor is liable for damages.

Article 21 (Disclaimer)

  1. The Company is only liable for willful misconduct or gross negligence.
  2. No guarantees on bids, prices, payments, or insurance claims.
  3. Auctions may be canceled or postponed due to system trouble.

Chapter 8: Privacy, Amendments, Governing Law, and Anti-Social Forces

Article 22 (Handling of Personal Information)

  1. The Company manages personal data per its Privacy Policy.
  2. Buyer data must be used only for shipping and deleted after use.

Article 23 (Amendments to the Terms and Conditions)

  1. The Company may amend these Terms as needed, with prior notice if changes disadvantage consignors.
  2. Continued use implies consent to amendments.

Article 24 (Governing Law and Jurisdiction)

  1. These Terms are governed by Japanese law.
  2. Tokyo District Court has exclusive jurisdiction over disputes.

Article 25 (Exclusion of Anti-Social Forces)

  1. Consignors must not be associated with anti-social forces.
  2. Violations may result in immediate termination without liability.
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