The International Auction – Terms and Conditions
These Terms and Conditions, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which The International Auction offers you access to and use of our Services. You agree to comply with all of the terms of these Terms and Conditions when accessing or using our Services.
The entity you are contracting with is: J-Ports K.K., located in Shinmachi 1-8-24 #703, Nishi-ku, Osaka, Japan. In these Terms and Conditions, the entity is referred to as “The International Auction” “YBA,”, “TIA”,“J-Ports”, “TheInternationalAuction.com”,“we,” or “us.”
Please be advised that these Terms and Conditions contain provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).
2. About The International Auction
The International Auction (TIA) is a unique shopping website for serious luxury goods collectors and resellers. On TIA, you can participate in online auctions, similar to a real-life auction, where you can bid on items presented by our auctioneers via live-streaming videos in real-time.
TIA is designed for speed and efficiency for easing bulk purchases, and for incredibly low prices, liquidation prices, or at near cost prices, in mind. In order to deliver those conditions to our customers, we have several unique policies that may differ significantly from your typical online shopping sites or existing online auction sites such as eBay. Please read these Terms and Conditions carefully, especially Section 5 through 8.
3. Using The International Auction
In connection with using or accessing the Services you will not:
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an The International Auction policy, for example, a clear typographical error is made.
- transfer your The International Auction account and user ID to another party without our consent;
- distribute viruses or any other technologies that may harm The International Auction or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of The International Auction;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any The International Auction application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to The International Auction. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to The International Auction or YBA or someone else;
- commercialize any The International Auction application or any information or software associated with such application, except with the prior express permission of The International Auction;
- Copy or reuse creative assets belong or created by The International Auction. This includes copying photographs, descriptions or data from the website or live location,
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
If we believe you are abusing The International Auction and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
4. Policy Enforcement
When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for our buyers.
All of our items are professionally authenticated by our own in-house authenticators, or authenticators working for YBA. We do not accept or sell anything for consignment that cannot pass our own authentication tests. Every item sold by us is guaranteed authentic by our authentication expert. We accept returns and refunds if the item you purchased from us turned out to be counterfeit based on the assessment of the following independent authenticators. A Certificate must be provided. Please note that we are not affiliated in any way to the following services, and that we cannot accept claims of counterfeit items made by any other entities.
6. Purchase Conditions
When buying an item, you agree that:
- You are responsible for following our requirements and other instructions listed on the TIA site, participating in an auction in a quiet, safe, distraction-free environment where you can have the best audio/video to concentrate on the descriptions of the items by our auctioneers and understand them fully, and reading the full item listing (when available) before making a bid or commitment to buy.
- You enter into a legally binding contract to purchase an item when you commit to buy, when your offer (bid) for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted).
- You bid only under the understanding that all sales are final and you have read and understood all ‘notes’, photographs, and verbal explanation given by our presenter, when presented in relation to the items being bid upon.
- Your legally binding contract with us above is your right to purchase an item at your maximum bid (or lower if the final price does not meet your maximum bid) should we decide not to withdraw the item. A bid is not a guarantee that you will be able to purchase an item.
- We reserve a right to set a reserve price for an item and are under no obligations to disclose the reserve price.
- We reserve a right to withdraw an item you or someone else has placed a bid for if the reserve price has not been met within a certain time, if we deem the bidding price is not sufficient, or for any other reasons, including technical difficulty or awarding the item to the wrong rightful bidder.
- We do not accept cancellation of an entire order or individual items within, during or after auctions. All sales are final.
- If a technical issue or problem happens and an item needs to be cancelled or re-auctioned, it is the responsibility of the buyer to relay their intention to cancel an item within 15 minutes of the final bid. If TIA management believes this policy is being taken advantage of, TIA has the right to refuse this request for cancellation. Quick communication can be done via our live chat feature, or an email sent to firstname.lastname@example.org
- Though our auctioneers try their best to describe our items in a clear, coherent manner, we are not responsible for misinterpretations of their product descriptions and purchases arising from them. Examples of such misunderstandings include, but not limited to, nuances or different meanings of the words they used, or due to audio/video issues.
- All of our items are sold AS IS, all sales are FINAL and we accept no returns or refunds, except those outlined in the “Return/Refund Policy”. Please do not bid if you have any doubts or uncertainty about the items.
- You are obligated to pay for the item(s) within 3 calendar days from the date of the purchase. If we do not receive your payment within that period, we reserve a right to cancel your order and make the items you originally purchased available for other buyers again.
- An unpaid balance will lead to a suspension of your account, and inhibit future participation in International Auction events, with the possibility of extending this to our other platforms.
7. Shipping Policy
- We generally ship your order within 1-2 business days after the order has been paid, and will notify you with a tracking number via email.
- If your order is less than USD$500, it will be shipped with the most economical shipping option available to TIA. If equal or more than USD$500, it will be shipped with express shipping. Regular shipping will take 5-12 days to arrive almost anywhere in the world, and express shipping will take 3-5 days.
- Shipping is sent via DDU. If you are interested in a DDP option, please contact our support staff to discuss options due to your location. Service may vary due to your local taxation policy.
- All items will be shipped out of Japan. Please note that you are responsible for any potential customs/importation fees. Please understand that different countries and mulcipties do have different importation policies, and we do expect our customers to understand this.
- All items within an order will be combined and shipped as one shipment. We DO NOT separate an order with multiple items into multiple shipments. We CANNOT combine orders from multiple auctions held on separate days either.
- We take responsibility for the safe delivery of the items delivered to your shipping address (or billing address if a separate shipping address was not provided) provided by your PayPal payment service provider. We do not take responsibility for mistakes in this address.
- All purchases made in Japan, and being shipped to a Japanese address must be subject to a 10% Consumption tax.
- We cannot combine orders made on TIA with orders made on other platforms.
- Items will usually be shipped out of The International Auction location in Yokohama. In rare cases, a small delay may occur if the items are shipped to the J-Ports headquarters for special consideration.
- If winning bidder decides to cancel/withdraw/refuse delivery they will bear risk, cost of all shipping and return import duties of seller
8. Cancellation Policy
We reserve a right to cancel your entire order or individual item(s) within under the following cases, even after the payment has been received:
- When your order was not paid in full within 4 calendar days;
- When we reasonably suspect that you have no intention or ability to pay for your order, based on your past purchasing behaviors and records on TIA and any other J-Ports entities; or
- When we deem prudent that we suspend or terminate business with you, based on your past purchasing behaviors and records on TIA and any other J-Ports entities; or
- When we reasonably believe that item(s) was purchased due to our system error.
Please note that the latter case above does not include user errors such as but not limited to the following:
- When you did not follow our requirements and instructions regardless of reasons; or
- When an unauthorized person (including, but not limited to, your family members, friends, acquaintances, business partners, associates and employees) gained access to your account or a computer with the access to your account due to your negligence or inability.
9. Return / Refund Policy
We only accept returns or refunds in the following cases:
- Receiving a wrong item, or an item is clearly missing from your order;
- The item is confirmed as non-authentic by one of our recognized 3rd party authentication services. (See Section 5);
- Your shipment tracking number registered that the package hasn’t arrived after 31 calendar days from the date of the purchase; or
- Item(s) you purchased could not be shipped within 14 calendar days from the date of the purchase due to postal strikes, natural disasters and other unforeseen circumstances.
- Due to the consignment and wholesale nature of the TIA Platform, please understand that TIA is in no way liable for returns on clothing or apparel items based on size.
- Duty or Customs fees collected by your local Border Protection agency are in no way the responsibility of The International Auction. If an item is returned, we suggest you contact your local Border Protection Agency and take the necessary steps to file for a tax refund.
In such cases, please make your claim within 10 days from the date of arrival of your purchase to our customer support.
The name “The International Auction” and other The International Auction and J-Ports marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of J-Ports K.K. in Japan.. They may not be used without the express written prior permission of J-Ports K.K..
The name and logo of YBA, or Yokohama Brand Auction, and other YBA marks, logos, designs are owned by OPAL Corporation Kabushikigaisha. They may not be used without express written prior permission of OPAL Corporation Kabushikigaisha.
11. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in The International Auction’s applications may not occur in real time. Such functionality is subject to delays beyond The International Auction’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use our Services;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of The International Auction;
- a suspension or other action taken with respect to your account or breach of the Abusing The International Auction Section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms and Conditions or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts up to the price the item sold for on The International Auction (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) USD $100.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Terms and Conditions, your improper use of The International Auctions’s Services or your breach of any law or the rights of a third party.
13. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE INTERNATIONAL AUCTION HAVE AGAINST EACH OTHER ARE RESOLVED.
You and The International Auction agree that any claim or dispute at law or equity that has arisen, or may arise, between you and The International Auction (including any claim or dispute between you and a third-party agent of The International Auction) that relates in any way to or arises out of this or previous versions of this Terms and Conditions, your use of or access to the Services, the actions of The International Auction, YBA, or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by the Japanese law without regard to principles of conflict of laws, will govern this Terms and Conditions and any claim or dispute that has arisen or may arise between you and The International Auction, except as otherwise stated in this Terms and Conditions.
B. Agreement to Arbitrate
You and The International Auction each agree that any and all disputes or claims that have arisen, or may arise, between you and The International Auction (including any disputes or claims between you and a third-party agent of The International Auction) that relate in any way to or arise out of this or previous versions of the Terms and Conditions, your use of or access to the Services, the actions of The International Auction or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Except as otherwise provided in this Terms and Conditions, if any provision of this Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Terms and Conditions, and in such event, we will post notice on www.livebrandauction.com.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
We may amend these Terms and Conditions at any time by posting the amended terms on www.livebrandauction.com. Our right to amend the Terms and Conditions includes the right to modify, add to, or remove terms in the Terms and Conditions. Additionally, we will notify you by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Terms and Conditions through an electronic click-through. These Terms and Conditions may not otherwise be amended except through mutual agreement by you and a The International Auction, or YBA representative who intends to amend these Terms and Conditions and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on www.livebrandauction.com.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms and Conditions. Such accounts are owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Terms and Conditions.
The Terms and Conditions and all terms and policies posted through our Services set forth the entire understanding and agreement between you and The International Auction, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of these Terms and Conditions: Disclaimer of Warranties; Limitation of Liability; Indemnity, Legal Disputes, and General.