Terms of use

• Article 1 (Membership)
• 1. A member is a party who agrees to these Terms and makes use of the services performed by the company.
• 2. Members bear full responsibility for the use and management of IDs and passwords given to them by the Company. Members must consent to this in advance of using our Service, as any use of this Service implies use of these IDs and passwords, as they are used to access it.
• 3. Members cannot allow third parties to use the Company's services or their assigned IDs and passwords, or otherwise dispose of them by lending, transferring, or selling.

• Article 2 (Changes to Terms of Use)
• • 1. The Company may change the Terms (including matters related to fees for the Service; the same applies hereafter) as needed if any of the following apply:
  • (1) When changing the Terms is in the general interest of the members.
  • (2) When changing the Terms does not conflict with the purpose of this Agreement, the change is deemed necessary, and the content of the revised Terms of Use is reasonable and appropriate.
• 2. In the event that the Company makes changes as outlined above, the Company will notify members of the changed content and the date that changes will take effect with a minimum of 14 days’ notice. Changes to the Terms will take effect at the end of the advance notice period.

• Article 3 (Membership Application)
• 1. An individual who wishes to register as a member for this Service (hereafter referred to as "the Member Applicant") must submit their own application. If the Member Applicant is a minor, they must submit the application with the consent of a parent or guardian. An agreement regarding the use of the Service (hereafter referred to as "the Agreement") will be arranged once the Company receives and approves the Member Applicant's application.
• • 2. The Company may reject a Member Applicant if any of the following apply. Membership may be revoked even after member registration. Furthermore, the Company is not obligated to disclose reasoning for rejecting or revoking membership registration.
  • (1) The Member Applicant is a minor and has not obtained consent from a parent or guardian
  • (2) The Member Applicant has had his or her membership revoked in the past
  • (3) There are falsehoods or errors in the information the Member Applicant submitted to the Company
  • (4) The Member Applicant has failed to pay debts to the Company
  • (5) Other circumstances that the Company deems inappropriate

• Article 4 (Notification of Changes)
• 1. If there is any change to the information the member submitted at the time of registration, the member must notify the Company without delay using the prescribed form.
• 2. The Company is not responsible for any losses incurred by the member resulting from a failure to send the notification described above.
• 3. Members must promptly respond to all requests from the Company, including for the submission of documents or information necessary to provide the Service. The Company does not assume any responsibility for cases in which it is not able to provide the Service due to the member's failure to submit requested documents or information or respond to correspondence.

• Article 5 (Handling of Personal Information)
• 1. Members agree that personal information is handled in accordance with the Company's separate privacy policy (https://benlyexpress.com/ja/privacy/).
• 2. Members agree that the Company has the right to freely use member information acquired by the Company regarding the member's use of the Service that has been through statistical information processing.

• Article 6（Withdrawal）
• 1. Members may withdraw from membership in accordance with prescribed procedures.
• 2. Once membership is canceled, members are no longer able to use their member IDs and passwords.

• Article 7（The Service）
• 1. This Service is a service in which the Company purchases products ordered by members from e-commerce businesses and distributors in Japan under the Company's name and delivers them to the member. The Company will notify the member by e-mail upon receipt of the product ordered by the member, at which time the member must submit a shipping request. The member agrees that if he or she does not submit a shipping request within 30 days of the Company's receipt of the product, the member incurs an additional storage fee as determined on our website. Furthermore, when a member orders a product from an e-commerce business or distributor in Japan, the member and the Company enter into a sales contract for that product.
• 2. Members acknowledge that products cannot be delivered to countries or regions other than those specified on the Company's website (https://benlyexpress.com/ja/, including the changed domain, if the website domain is changed for any reason).
• 3. The Company will not be party to a contract for the delivery of goods with the delivery carrier, and the Company cannot be held responsible for any damages from delivery accidents or failure to deliver. The member authorizes the Company to enter into a delivery contract under the member's name. Furthermore, the member gives consent for their personal information to be provided to the carrier when entering into the delivery contract.
• ４．The delivery contract outlined above is in accordance with the transportation terms or contract applying to the member and the carrier. The member must acknowledge that the content is his or her own responsibility and adhere to the terms.

• Article 8 (Products Prohibited from Use with the Service)
• Members are not permitted to use this service for the following product types. If a member orders these products, the Company will not purchase the product, and the Company is not responsible for any resulting damages incurred by the member.
  • • Cards such as credit cards and cash cards
  • • Cash, checks, bills, stock certificates, and other securities (including vouchers for airline tickets, concert tickets, etc.)
  • • Food, drink, and other perishable items
  • • Stimulants, cannabis, narcotics, psychotropics and other prohibited substances
  • • Firearms, knives, weapons, arms, gunpowder, explosives, high-pressure gas, flammable liquids, combustible substances, poisonous substances, hazardous substances, oxidizing substances, corrosive substances, and radioactive substances
  • • Pharmaceutical products and medical equipment
  • • Pornographic videos, child pornography, and other obscene materials
  • • Items obtained by illegal methods or means
  • • Items whose transport, export, and import are prohibited or restricted by the laws and regulations of the importing and exporting countries, provinces, and local municipalities, including transit countries, and any other items that are not permitted to be handled per the carrier's shipping agreement
  • • Items that do not include a trade name or other wording that can easily identify the Company as the destination
  • • Personal correspondence and any communications defined as personal correspondence under current law
  • • Living plants and animals, dead animals, and taxidermy
  • • Human bodies and human body parts, human remains, and mortuary tablets
  • • Anything else deemed inappropriate by the Company

• Article 9 (Disposal of Undeliverable Goods)
• 1. When the Company receives any of the products stipulated in the previous article, the member must choose one of the following ways of handling and notify the Company by email.
  • • Disposal
  • • Return
• 2. Returns are handled per the retailer's terms of use. In cases where returns are not possible, the Company will proceed with disposal.
• 3. The Company is not responsible for any damages incurred by the member due to the disposal of non-returnable products as described above.。

• Article 10 (Prohibited Acts)
• When using the Service, members may not perform any of the following acts (including acts that induce or prepare for these acts).
  • (1) Acts that violate laws and regulations which apply to members (including laws and regulations from countries other than Japan; the same applies hereafter)
  • (2) Acts which use the Service as a means to commit a criminal offence
  • (3) Acts of reporting false or incomplete information when using the Service
  • (4) Acts of refusal to receive products without legitimate reason
  • (5) Acts which violate social norms and moral standards
  • (6) Acts which infringe on the intellectual property rights or other rights of the Company, other members, or third parties
  • (7) Acts that disrupt or interfere with the function of the Service and the Company's server or network
  • (8) Acts of using the Service for the purpose of resale, pawning, or otherwise profiting
  • (9) Acts of using the Service for purposes other than the original intent of the Service
  • (10) Acts of using another member's ID and password to use the Service
  • (11) Acts of acquiring IDs and passwords for the Service from other members
  • (12) Acts which directly or indirectly provide benefits to criminal organizations in relation to the Service
  • (13) Acts which damage the reputation or credibility of the Company, other members, or third parties
  • (14) Acts of duplicating, reproducing, or redistributing the Service or the Service's information without prior written consent from the company, regardless of whether the information is copyrighted material
  • (15) Any other acts which the Company reasonably deems inappropriate

• Article 11 (Changes to or Termination of the Service)
• The Company may change or terminate the Service at any time without obtaining the member's consent. The Company is not responsible for any losses or damages incurred by members resulting from changes or termination.

• Article 12 (Suspension of Service)
• 1. The Company may temporarily suspend all or part of the Service without advance notice to members in the case of any of the following events.
  • (1) When performing routine or urgent maintenance related to the Service
  • (2) When the system is overloaded due to a surge in system traffic or other unforeseen factors
  • (3) When it becomes necessary to ensure member security
  • (4) When it becomes difficult to provide the service due to unavoidable circumstances such as epidemics, fires, power outages, natural disasters, and computer viruses and cyberattacks which cannot be prevented with reasonable countermeasures
  • (5) Other events in which the Company determines it reasonably necessary in accordance with the above terms
• 2. The Company is not responsible for any damages incurred by the member resulting from action taken by the Company as outlined above.

• Article 13 (Confidentiality)
• 1. Members must not use information disclosed by the Company regarding these Terms that is explicitly identified as confidential (hereafter referred to as "Confidential Information") without the consent of the Company for any purpose other than the use of the Service, or release or disclose this information to third parties.
• 2. As exception to the previous paragraph, the following information is not considered Confidential Information. However, personal information is considered Confidential Information even if it falls under any of the following.
  • (1) Information that was publicly available at the time of receipt or disclosure
  • (2) Information that has become publicly available after receipt or disclosure for reasons that are not attributable to the member
  • (3) Information already known at the time of receipt or disclosure
  • (4) Information obtained from a third party with legitimate authority
  • (5) Information created or developed without basis on Confidential Information
• 3. Notwithstanding the provisions outlined in Item 1, members are able to disclose Confidential Information for the orders, demands, or requests of law, courts, or government agencies.

• Article 14（Outsourcing）
• The Company may, at its discretion, outsource all or part of the work relating to the Service to a third party.

• Article 15 (Fees for Using the Service）
• 1. The fees, payment methods, and payment terms for the Service are established separately on the BENLY Express Int’l Shopping order request page. Furthermore, any payment transaction fees are borne by the member.
• 2. Members are responsible for any costs incurred in customs clearance, including duties or taxes such as value-added tax.
• 3. For shipping items exceeding 200,000 yen, the member must pay an additional charge for outsourcing customs clearance to Japan Post, as separately determined on the Company website.
• 4. The member agrees that if the Company determines that the packaging of the product delivered to the Company is not suitable for overseas shipping, it may be repackaged. The cost of repackaging is borne by the member.
• 5. Once the free storage period established on the Company's website has passed, the member must pay a fee, as separately determined on the Company's website.
• 6. Members bear the cost of any communications and telecommunications devices necessary for using the Service.
• 7. In the event that the member is late in making payments to the Company as identified in Item 1 or otherwise relating to this Agreement, the member must pay a late fee of 14.6% per annum (calculated on a prorated basis for 365 days) in addition to the original payment.
• 8. In any case, the Company will not refund all or part of incurred fees to the member and maintains the right to claim all fees that have been incurred.

• Article 16 (Use of Third-Party Services)
• 1. Even when the Service works in cooperation with a service operated by a third party outside of the Company, the Company does not guarantee that it will continue to work with this party.
• 2. Members use third-party services at their own risk, and the Company is not liable for any damages incurred by members from the use of third-party services.
• 3. The use of third-party services must be in accordance with the terms of use and agreements that apply between the member and the third-party service provider. It is the member's responsibility to verify the content of these agreements and adhere to them.

• Article 17 (Revocation of Membership)
• 1. The Company may revoke membership to the Service without prior notice to the member if any of the following apply.
  • (1) When the member fails to make payments, commits a prohibited act, or otherwise violates any of the provisions of these Terms (including breach of representations and warranties)
  • (2) When it is found that the member has in the past been suspended from using this Service or other services provided by the Company or has had their membership revoked
  • (3) When subject to seizure, provisional seizure, temporary injunction, tax delinquency, or other disposition of public authority
  • (4) When bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or a declaration of solvency are filed
  • (5) Dissolution (excluding company mergers) or transfer of the entire business, or at the passing of a resolution
  • (6) When payment is suspended due to dishonored checks or bills issued by the customer or for which the customer has assumed responsibility
  • (7) When a supervisory authority suspends business operations or revokes a business license or registration
  • (8) If the member has not used the Service for more than six months
  • (9) If the member does not respond to the Company's request for a response within 30 days
  • (10) When the Company otherwise reasonably deems it inappropriate for the member to use the Service
• 2. In addition to the stipulations above, the Company may cancel member registration by notifying the member with a minimum of 3 days' notice.
• 3. If any of the circumstances listed in Item 1 apply to a member, the Company may choose not to revoke membership as outlined in Item 1 but instead suspend the use of all or part of the Service provided to the member for a period of time specified by the Company without giving advance notice to the member. Members agree that the full amount of the charges for the Service are incurred even while service is suspended.
• 4. If any one of the circumstances listed in Item 1 becomes applicable to a member, the member naturally loses the benefit of payment periods for Service fees and other financial obligations and must settle all debts with the Company.
• 5. The Company is not responsible for any damages incurred by the member resulting from the Company's policies outlined in this section.

• Article 18 (Notification)
• 1. When sending a notification to a member regarding the Service, the Company will do so via the method that it deems appropriate, whether that be posting to the Service or the company website or mailing documents to the registered e-mail or business address.
• 2. When notifying via the Service or Company website, content of the notification will be posted to the Service or the Company website. When notifying via e-mail or mailing address, the content of the notification will be sent as an e-mail or mailed documents.

• Article 19（Effective Period）
• This Agreement terminates when the member withdraws membership, when membership is revoked, or when the Service is terminated.

• Article 20 (Duration Clause)
• Even after termination of the Agreement, the stipulations in the following articles remain valid: Article 3 Item 2, Article 4 Items 2 and 3, Article 5, Article 6 Item 2, Articles 7 to 11, Article 12 Item 2, Article 13, Article 15, Article 16, Article 17 Items 3 to 5, Article 21 Items 2 and 3, and Articles 22 to 26. However, Article 13 continues to be valid only for three years following the termination of the Agreement.

• Article 21 (Rejection of Organized Crime)
• 1. Members declare that following circumstances do not currently apply to them and pledge that they will not in the future.
  • (1) The applicant and its parent company, subsidiaries, affiliates, executives, and principal employees are affiliated with organized crime.
  • (2) The applicant and its parent company, subsidiaries, affiliates, executives, and principal employees have relationships with criminal organizations that are socially condemned.
  • (3) Either of the above has been true within the past five years.
  • (4) Engaging in the following acts or similar acts toward the Company themselves or via a third party.
    • ① Violent demands
    • ② Unreasonable demands beyond legal obligation
    • ③ Acts of threatening or violent behavior in business dealings
    • ④ Circulation of rumors or acts of fraudulence or exertion of power that damages the Company's credibility or disrupts the Company's business affairs
• 2. If a member engages in any of the violations listed above, the company may revoke the member's registration for the Service and claim compensation for any damages borne by the company.
• 3. The Company is not liable for any damages incurred by the member due to the revocation of membership described above.

• Article 22 (Transfer of Privileges and Responsibilities)
• 1. Members are not permitted to transfer, succeed, set as collateral, or otherwise give away the member privileges or responsibilities established in this Agreement or their status in this Agreement to a third party, except with prior consent of the Company.
• 2. The member agrees that, when transferring business related to the Service to a third party, the Company will, along with the transfer of work, transfer member status, privileges, and responsibilities as well as member information and any other information relevant to the member to the third party.

• Article 23（Disclaimer）
• 1. The Company does not guarantee the accuracy, recentness, legality, comprehensiveness, or usefulness of the information on the website linked within the Service. The Company is not responsible for any damages incurred by members from the linked website.
• 2. If a dispute arises between a member and a third-party regarding the Service, it is the member's responsibility to resolve it at their own expense. The member must not involve the Company in the dispute and must compensate the Company for any resulting damages.
• 3. Members are responsible for, at their own expense, verifying whether the use of the Service violates any external laws and regulations or self-imposed restrictions applicable to them. On this point, the Company makes no guarantees and assumes no liability.
• 4. The Company takes no responsibility for any damages incurred by members due to unavoidable circumstances such as epidemics, fires, power outages, natural disasters, and computer viruses and cyberattacks which cannot be prevented with reasonable countermeasures.
• 5. Even in cases where the Company is liable for damages to the member due to the Company's negligence, the upper limit of the liability is equal to the total amount of fees paid by the member within three months of the occurrence of the event for which compensation is being provided. In addition, liabilities are limited to the range of damages directly and actually incurred by the member, and the Company does not take responsibility for any other damages (including but not limited to indirect damages such as loss of profits and business opportunities and damages caused by special circumstances). Furthermore, the above stipulations and other terms to the effect that the Company is exempted from liability apply to cases in which the Company is deemed not to be acting in bad faith or negligence.

• Article 24 (Separability)
• 1. If any provision of these Terms or any sections thereof is held invalid or unenforceable, this determination does not affect the other sections. The remainder of the Terms remain valid and enforceable. The Company and members agree to comply with the aim of these invalid or unenforceable clauses or sections, striving to uphold the original intention, and agree to be bound by the amended Terms.
• 2. If any provision or part thereof is determined to be invalid or unenforceable in relation to a certain member, this does not affect the validity in relation to other members.

• Article 25 (Governing Law and Jurisdiction)
• 1. The governing law of this Agreement is Japanese law.
• 2. In the event of any dispute regarding this Agreement, it is mutually agreed that the Tokyo District Court has exclusive jurisdiction over the first hearing.

• Article 25 (Language)
• In the event of any inconsistency between the English and Japanese versions of these Terms, the Japanese version takes precedence.