EG Auction Terms

These EG Auction Terms and Conditions (hereinafter referred to as the "Terms") are based on the service "EG・AUCTION" (hereinafter referred to as "the Auction") provided by EG System Co., Ltd. (hereinafter referred to as the "Company"). ). All members who have completed registration to use this Service (hereinafter referred to as "Members") are required to use this Service in accordance with these Terms. If you do not agree to these Terms of Use, you cannot use this service.

Article 1 (Application)

1. Our company will hold this auction in accordance with the provisions of these Terms. These Terms define the necessary procedures for the smooth operation of this Auction, and are the basis for all contracts between the Company and members regarding the use of this Service (hereinafter referred to as the "Membership Agreement"). Applies to

2. Notices regarding members that are published on our website or notified individually constitute a part of these Terms. If there is a conflicting or conflicting provision between these Terms and Notices, the Notices shall take precedence over these Terms.

3. The Company deems that a person wishing to become a member has agreed to the terms and conditions of this Agreement when he or she registers as a member of this auction.

Article 2 (Changes to Terms of Use)

1. Our company may change these Terms without prior notice. The latest terms and conditions shall apply to members at all times, and the contents will be notified or announced to members by any method deemed appropriate by the company, such as posting on the company's website.

2. The latest terms and conditions will be posted on our website and will become effective from the time they are posted.

Article 3 (Notification or Communication)

1. Unless otherwise specified, notifications or communications between members and the Company will be made by methods deemed appropriate by the Company, such as email, writing, or posting on the Company's website.

2. If the notice set forth in the preceding paragraph is given by posting on our website, the notice shall become effective from the time it is posted on the website.

3. Members shall ensure that e-mails from the Company can be delivered to the e-mail address registered by the Member, and shall respond without delay if requested by the Company.

4. The Company may notify members of information regarding the services and products of the Company, its group companies, or other companies affiliated with the Company.

5. If the notification in the preceding paragraph is sent by e-mail, the member will be responsible for the disk space used for the sent e-mail and files.

Article 4 (Membership Registration)

1. To use this auction, you must first agree to abide by these terms and register as a member.

2. Membership registration for this auction will be completed when the person wishing to register applies for registration using the method specified by the Company and the Company approves the application. A membership contract will be established upon completion of membership registration.

3. If the Company determines that the applicant for membership registration has any of the following reasons, the Company may not approve the application for membership registration, and shall not be obligated to disclose any of the reasons.

① If fraudulent matters are reported when applying for membership registration

② If there are any deficiencies in the membership registration application details.

③ If the application is from a person who has violated these Terms.

④ In cases where there is an obstacle to validly concluding a contract independently, such as a minor.

⑤ If the application is from a person belonging to an anti-social force or a country sanctioned by the United Nations, etc.

⑥ In other cases where the Company deems it inappropriate.

Article 5 (Notification of member information)

1. When registering as a member, a person wishing to become a member shall notify the Company of company name, nationality, address, administrator, email address, and other member information using the method prescribed by the Company.

2. If any changes occur after member information has been submitted, the member shall notify the Company of the changes without delay.

3. The Company shall not be responsible for any damage caused to Members due to failure to submit notifications, etc. under this Article.

Article 6 (Responsibility of members)

1. Members shall use this Auction at their own risk and agree to be responsible for any damage caused to themselves or a third party due to the use of this Auction.

2. Members shall not disclose, lend, or share authentication information to third parties, and shall strictly manage it (including changing passwords as appropriate) to prevent leakage to third parties.

3. The Company shall not be held responsible for any damage sustained by members or others due to poor management of authentication information, errors in use, use by a third party, etc.

4. If a third party uses this auction using the member's authentication information, such act shall be deemed to be use by the member himself, and the member shall be responsible for payment of usage fees and any other obligations for such use. shall be done. Additionally, if the Company suffers damage due to such actions, the member shall compensate for such damage.

5. In order to ensure the security of members' use of this auction, the Company will not respond to requests for confirmation or reissue of authentication information over the phone under any circumstances, including in emergencies. If it is necessary to confirm or reissue authentication information due to loss, etc., the member shall request this using a method separately determined by the Company.

Article 7 (Management of this auction)

1. The Company may outsource all or part of the work necessary for holding the Auction for Members to a third party. In this case, our company will appropriately manage the outsourced company and impose obligations on the outsourced company that are equivalent to our obligations as stipulated in these Terms.

2. This auction cannot be used by anyone other than members. The same applies to subcontractors who have a contractual relationship with the member.

3. The seller will participate in this auction based on a sales consignment contract or sales purchase contract with our company, and the buyer will participate based on a sales contract with our company.

4. If the purchased product does not conform to the terms of the contract in terms of type, quality, or quantity, the buyer must submit the product within two weeks from the day after the auction date (or one month if the country of shipment and destination of the product are different). (within 30 days). Please note that we will not be able to accept any applications received after this period.

5. Products that our company deems to be fraudulent after a successful bid (copy products, similar products, stolen items, lost items, property of another person, other illegal products, etc., which our company deems to be fraudulent in light of conventional wisdom) If it is determined that this is the case, the Company and the buyer may cancel the transaction for the product in question. However, unless otherwise stipulated by laws and regulations, this period shall be within one year from the date of successful bid for the product.

6. If any of the matters stipulated in Paragraph 4 or 5 of this Article are discovered in a product that has been entrusted to be sold by the Seller, the Seller shall be responsible for such matters, and the Company shall not bear any responsibility. In addition, if the sales contract between the buyer and the Company regarding the product is canceled due to such matters, the sales consignment contract between the seller and the Company regarding the product will also be canceled, and the Company will refund the fees received to the seller and the buyer. shall be refunded.

7. If the buyer makes a request to the Company regarding the products that the Company has been entrusted to sell by the seller, the Company will notify the Seller that such request has been made at the time of this auction. Notification shall be made within three weeks (within five weeks if the seller and buyer belong to different countries) from the day following the event date. In addition, if the buyer makes a request to the Company regarding the products that the Company has been entrusted to sell by the seller, the Company shall promptly notify the seller.

8. After the notification from our company as specified in the first part of the preceding paragraph, the seller and buyer may be required to deal with defects directly.

9. If it is unavoidable that a period of two weeks or more is required for confirmation with an appraisal organization or manufacturer for a successful bid item, you shall apply to our company for an extension of the negotiation period within two weeks from the day after the auction date. If the negotiation period is extended, it may be extended for an additional 30 days beyond the original negotiation period. In addition, if we are entrusted with the sale by the seller, we will inform the seller that the period will be extended within 3 weeks from the day after the auction date (within 5 weeks if the seller and buyer belong to different countries). shall be notified.

10. If the Company determines that it is unable to maintain the smooth operation of this Auction, it may suspend or cancel the operation.

11. Even if a member suffers damage due to the suspension or discontinuation mentioned in the preceding paragraph, the Company will not be responsible.

12. Even if the reason for suspension or cancellation set forth in Paragraph 10 of this Article is resolved or cured, the Company is not obligated to restart this Auction.

13. Contract terms and other details of the operation of this auction shall be specified in Attachment 1 to these Terms.

Article 8 (Handling of confidential information)

1. Among the technical, commercial, and other business-related information provided by the other party for the purpose of carrying out this auction, the member and the Company shall keep the information specified in advance in writing as confidential by the other party at the time of provision. Information that specifies the scope of the information and clearly indicates that it is confidential information (hereinafter referred to as "confidential information") shall not be disclosed or leaked to any third party. However, this does not apply if prior written consent has been obtained from the other party or for information that falls under any of the following items.

① Information already held without obligation of confidentiality

② Information legitimately obtained from a third party without obligation of confidentiality

③ Information developed independently, regardless of information provided by the other party

④ Information that does not violate the membership agreement, etc., and that becomes publicly available regardless of whether it is received or not

⑤ Information provided without specifying the scope or indicating that it is confidential information in accordance with this article

2. Notwithstanding the provisions of the preceding paragraph, Members and the Company shall not disclose confidential information that should be disclosed pursuant to the provisions of laws or regulations or upon request from an authorized public office to the recipient or the relevant government office pursuant to the provisions of the relevant laws and regulations. may be disclosed to.

3. The party receiving confidential information shall take the necessary measures to manage said confidential information.

4. The party receiving the confidential information will use the confidential information provided by the other party only within the scope of the purpose of carrying out this auction, and will only use materials embodying confidential information within the scope necessary for carrying out this auction. (hereinafter referred to as "Materials, etc." in this article) or modified (hereinafter collectively referred to as "Reproduction, etc." in this section). In this case, the member and the Company shall treat such duplicated confidential information as confidential information as stipulated in this article. If it is necessary to make copies beyond what is necessary to carry out this auction, written consent will be obtained in advance from the other party.

5. A party who has received confidential information shall, upon the request of the other party, return materials, etc. (including confidential information that has been copied or modified with the consent of the other party pursuant to Paragraph 4 of this Article) to the other party. or shall be disposed of.

6. Notwithstanding the provisions of Paragraph 1, all information related to successful bids, such as successful bid items and successful bid prices, shall be confidential information.

7. The provisions of this article shall remain in effect for five years after the membership contract ends.

Article 9 (Handling of personal information)

1. Personal information of members that the Company has come to know about will be handled in accordance with the “Privacy Policy” and “Handling of Personal Information” separately established by the Company.

2. The Company may provide personal information acquired from members to a subcontractor to the extent necessary for the provision of this auction.

Article 10 (Intellectual Property Rights)

1. The system environment related to this auction is protected by the copyright laws and copyright treaties of Japan and related countries, as well as other intellectual property rights laws and treaties.

2. The permission for members to use this auction pursuant to these Terms does not transfer any rights to the members. Members are only permitted to use this auction on a non-exclusive basis, and do not acquire any rights to the system environment related to this auction.

Article 11 (Prohibited matters)

Members must not engage in the following acts when using this auction.

① Acts that violate laws or public order and morals

② Acts related to criminal acts

③ Acts such as re-licensing to a third party

④ Acts that destroy or interfere with the functions of our server or network

⑤ Acts that place a burden on servers, networks, and other related service systems by excessively accessing our website, etc.

⑥ Acts that may interfere with the operation of our services

⑦ Acts of collecting or accumulating personal information, etc. about other members

⑧ Acts of using information obtained through the use of this auction and related services for purposes other than the use of this auction or related services.

⑨ Act of impersonating another member

⑩ Acts that infringe on the rights of our company or a third party, or that are likely to do so.

⑪ Acts that directly or indirectly provide benefits to antisocial forces, etc. in connection with our services.

⑫ Other acts that our company deems inappropriate.

Article 12 (Limitations on compensation for damages)

1. The scope of liability for damages that the Company bears to the member under the membership contract shall be limited to normal damages actually incurred to the member due to direct causes, and damages and attorney's fees due to special circumstances, whether or not foreseen or possible. We shall not be held responsible for.

2. The upper limit of the amount of compensation for damages to a member arising from the use of this auction is the winning bid/purchase price of the item related to the damage among the items actually won/purchased by the member (in the case of a pre-successful bid, the limit price at the time of listing or the limit price at the time of listing) The upper limit is the "current price" listed on the product page (whichever is higher).

Article 13 (Cancellation by member)

1. Members may cancel their membership contract at any time in the future.

2. In the case of cancellation as set forth in the preceding paragraph, the member shall notify the Company of the cancellation in accordance with the method separately determined by the Company.

3. Membership fees will be payable until the month of cancellation. Annual and monthly membership fees are non-refundable.

Article 14 (Cancellation by the Company)

1. The Company may cancel the membership contract at any time by notifying the member by the cancellation date.

① If a member violates these Terms and it is reasonably determined that there is no hope of improvement, or if the Company has set a reasonable period of time to notify the member, the member does not correct or correct the violation within that period. In case of non-fulfillment

② If it is found that the member's registered information contains false information.

③ If there is a petition for seizure, provisional seizure or auction, or if there is a disposition for delinquency of taxes and public dues.

④ If there is a petition for bankruptcy, commencement of corporate reorganization proceedings, or commencement of civil rehabilitation proceedings.

⑤ If there is a serious concern about credit status

⑥ If the business license is revoked or suspended by a regulatory agency

⑦ If a resolution is made to dissolve, reduce capital, transfer all or an important part of business, etc.

⑧ If a notice to a member is undelivered or returned to the Company, or if the Company is unable to contact the member.

⑨ If the member has not used this auction for one year

⑩ In the event that there is an act that our company deems to interfere with the operation of this auction, or that there is a risk of doing so.

⑪ Anti-social forces (meaning organized crime groups, organized crime group members, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, social movement thugs, political activity thugs, special intelligence violent groups, and similar entities. The same applies hereinafter.) or is or has been a symbiotic partner thereof.

⑫ If you commit the following acts against our company by yourself or by using a third party:

• Illegal or unreasonable demands

• Acts of violence, including acts of demonstration not limited to the use of tangible force

• Acts of persistently forcing transactions, such as subscribing to information magazines

• Requests to our company by disguised attributes such as victim organizations, etc.

• Other acts prohibited by the "Act on Prevention of Unjust Acts by Organized Crime Group Members"

⑬ If you inform the Company that you are an anti-social force or a related party.

⑭ If any other reason arises that makes it difficult to fulfill the membership contract.

2. If a member has any debts to the Company, such as unpaid usage fees, at the time of cancellation of the membership contract pursuant to the preceding two paragraphs, the member will immediately lose the benefit of time with respect to such debts. In addition, the Company is not obligated to compensate for any damages or refund any money due to the measures taken under the preceding two paragraphs.

⑮ Membership fees etc. will not be refunded.

Article 15 (Governing law and jurisdiction)

1. These terms and conditions shall be governed by and interpreted in accordance with Japanese law.

2. Any dispute regarding these Terms shall be resolved by the Tokyo District Court or the Tokyo Summary Court, depending on the amount of the lawsuit, as the court with exclusive jurisdiction of the first instance.

3. The official text of these Terms and Conditions is Japanese. Even if a translation of these Terms into English or another language is created, only the original Japanese text shall be valid, and the translated text shall have no effect whatsoever.

Article 16 (Separation Clause)

For matters not stipulated in these Terms, general principles of laws and regulations shall apply. Even if any part of these Terms is invalid, the validity of these Terms as a whole shall not be affected, and the invalid provision shall be replaced by the valid provision closest to the purpose of the said part. It shall be replaced with the part.

[Appendix 1]

1. Membership qualifications

Only those who can agree to these terms and meet the standards set by our company will be accepted.

2. Fee (tax included)

A certain fee will be charged from the seller and buyer for each successful bid for the item. The amount of fees shall be determined separately from these Terms.

3. Transaction conditions

The sales contract regarding the successful bid item shall be concluded between the seller and the successful bidder, and the Company shall not be a party to the transaction. Our company is not responsible for any troubles that occur between the seller, successful bidder, or other third party, and the troubles will be resolved between the parties. If it falls under international trade transactions, we will respond according to the conditions of DPU (Incoterms 2020). Regarding product management, our company assumes no responsibility for deterioration due to the passage of time during storage or other natural factors.

4. Other special provisions

The following terms apply to special terms of this agreement. If there is a provision that contradicts or conflicts with these Terms and Conditions, the Special Conditions shall take precedence over these Terms and Conditions.

① Notes for buyers

② Notes for sellers

③ Sales purchase terms