TERMS & CONDITIONS

Chapter 1 : General Terms

article1General
MANGO JAPAN LTD. (hereinafter referred to as the “Mango”) hereby establishes the following rules and regulations (hereinafter referred to as the “Terms”) for the people permitted to utilize Mango’s internet service through MANGO-AUTO.JP to offer and sell the Japanese used vehicles and spare parts (hereinafter referred to as the “User(s)” and the “Service”) respectively.
article2Scope of and Changes to the Terms
  • The Terms apply to the Mango and to the User(s) of the Service, and both of the Mango and the User(s) shall strictly adhere to the Terms in a sincere manner.
  • Where changes are made in the Terms, the Mango will notify the User(s) of such changes. If the User(s) do not indicate that they do not accept changes when they next use the Service, or within one week of notification of said changes, the User(s) will be deemed to have accepted the changes.
  • Where one or more Articles or parts of Articles will contained within the Terms is deemed ineffective or not executable, the remainder of the Articles or parts of Articles as well as the Articles or parts of Articles deemed ineffective or not executable will remain fully in force. The Mango and/or the User(s) will legitimize the Articles or parts of Articles deemed ineffective or not executable and revise it as necessary in order to facilitate enactment. Both parties will work toward achieving the original objective, as well as legal and economic impact, of the concerned Articles or parts of Articles.
article3User Notification
  • Except where otherwise stipulated in the Terms, the User(s) are notified by the Mango via e-mail, via fax, via general posting on the Service website, or by other means deemed appropriate by the Mango.
  • Where notification as described in 1 above is carried out by e-mail or fax, said notification is deemed complete when the e-mail or fax is sent to the User’s e-mail address.
  • Where notification as described in 1 above is carried out via general posting to the Service website, said notification is deemed complete once it has been posted to the website and User(s) accessing the Service can view the posting.
  • Once notification as in 2 or 3 above has been completed, any information contained in said notification is effective immediately.
  • The User(s) are under obligation to peruse notification from the Mango made by e-mail without delay. User peruse e-mail is defined as the User(s) displaying the mail delivered to their server on their screen, carefully reading the content, and verifying that it has been understood.
article4Applicable Laws
  • The enactment, validity, execution, interpretation, etc of the Terms are subject to the laws of Japan.
  • The original English document pertaining to these Terms takes legal precedence. No changes in enactment, validity, execution, interpretation, etc are effective with respect to translation of the document into other languages.
article5Court Holding Jurisdiction
  • Should any disputes between the User(s) and the Mango 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.
  • Any disputes arising in connection with the Terms shall be settled under Japanese auto trading rules and regulations. If the disputes cannot be resolved through discussion between the parties concerned, the Nagoya District Court or the Nagoya Summary Court holds original or exclusive jurisdiction over resolution of the disputes.
article6Prerequisites for Utilizing the Service
The User(s) are responsible for obtaining the equipment necessary to utilize this service, including communications equipment, software, relevant internet services, etc.
article7Registration or Application Information
  • Should changes occur in user information such as name, address, telephone number, fax number, e-mail address, and other information provided to the Mango at the time of registration or application, the User(s) must report any such changes to the Mango immediately.
  • The Mango is not liable for any damages incurred by the User(s) or a third party due to failure to inform the Mango of the changes in user information noted above.
  • Where the User(s) neglect to inform the Mango of changes in registered information, the User(s) understand that the Mango will deem any notification sent to have been received by the User(s) at the time it is supported to be received, even if said notification returns to the Mango as undeliverable, as the notification will be sent as indicated in the information previously provided to the Mango by the User(s).
article8Forfeit of Registration
The Mango has the right to revoke the membership of the User(s) applicable to the followings.

  • Where the registration information provided by the User(s) is found to be untrue, inaccurate, or incomplete.
  • Where the User(s) are in breach or violation of the Terms or any other agreements with the Mango.
  • In case the Mango decides the User(s) are inadequate due to the following circumstances.
    • Any actions that infringe on the Mango or third party copyrights or other rights, actions that pose a threat to such rights.
    • Any actions that infringe upon the Mango’s assets or its privacy, or actions that pose a potential threat to such rights.
    • In addition to A and B above, any actions that cause loss or damage to a third party or to the Mango, or actions that pose a potential threat to such loss or damage.
    • Any transfer of the rights stipulated in the Terms to a third party.
    • Any actions resulting in the defamation of a third party or the Mango.
    • Any actions that run counter to public order and morals (including obscenity, prostitution, violence, atrocities, abuse, etc) or actions deemed by the Mango to potentially lead to such violations, or the action of providing information that runs counter to public order and morals to a third party.
    • Any illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.
    • Any actions related to the sex industry.
    • Utilizing the Service as a third party.
    • Falsifying or suppressing the Mango or third party information through access of the Service.
    • Utilizing harmful computer programs such as viruses through the Service or in conjunction with the use of the Service, or providing any such programs.
    • Any actions leading to inconvenience or loss for the Mango or a third party, actions that may interfere with the Service, or actions that impede operation of the Service.
    • Utilizing the Service in order to cause significant interference to the use of the Service by other users, either directly or indirectly.
    • Any actions that may promote any of the above actions including linking to sites that carry out the above actions (including where said actions are carried out by a third party).
    • Other illegal actions or actions that may potentially lead to illegal actions.
    • Other actions deemed inappropriate by the Mango.
article9Copyright
  • The User(s) may not utilize any information of files accessed via the Service by any means whatsoever without the permission of the copyright holder for any purpose besides individual personal use.
  • The User(s) may not, by any means whatsoever, have third parties utilize or disclose information or files obtained through the use of the Service without the permission of the copyright holder.
  • Should any disputes arise due to violation of the rules stipulated in this Article, the User(s) are responsible, financially and otherwise, for the resolution of such disputes. The Mango will not be held liable in any way, and the User(s) will not cause loss to the Mango.

Chapter 2 : Information Pertaining to Sales Contracts

article10Request a Proforma Invoice and Order
  • The User(s) who want to obtain a proforma invoice or quotation for the Japanese used vehicles or spare parts sold through the Service can request the proforma invoice via the Service by means specified by the Mango by entering the required information (name, address, e-mail address, etc).
  • Where a proforma invoice is requested according to the procedure described above, it will be forwarded to the User(s) within three business days by e-mail or other means deemed appropriate by the Mango.
  • The proforma invoice will be forwarded to the User(s) as described in Article 3 of these terms. Note, however, that this information will not be conveyed in the form of general postings on the Service website.
  • The proforma invoice will be sent only for the User(s) that complete the required information as stipulated under the rules of the Service. Should the User(s) be unable to obtain the proforma invoice due to incorrect or incomplete information, etc, and as a result incurs loss such as damage or conflict, the User(s) are responsible, both financially and otherwise, for resolving any disputes arising. The Mango will not be held liable in any way, and the User(s) will not cause loss to the Mango.
article11Conclusion of Contract
  • Where the User(s) want to purchase the products from the Mango through the Mango’s service, the User(s) shall remit the amount indicated in the proforma invoice (described in Article 10) by telegraphic transfer, or remit the funds to a specified account by other means of settlement as stipulated by the Mango in the currency specified by the Mango. The Mango utilizes systems required for proper processing, including requiring the User(s) to enter the proforma invoice number and full name on the message line. The User(s) are responsible for any bank fees incurred in the remittance of funds.
  • The contract between the User(s) and the Mango is concluded where payment is remitted to the Mango’s specified account by the means described above, or where payment is made by any other method specified by the Mango, and said payment has been confirmed.
  • Once payment has been made by the User(s) and confirmed by the Mango, and the User(s) and the Mango both agree to the sale, the User(s) is promptly notified by e-mail, or other means deemed appropriate by the Mango, that the contract has been concluded. The User(s) who have made remittance are assumed to have understood and agreed to the proforma invoice.
article12Termination of Contract
  • Even where the contract has been concluded as described in Article 11, the Mango reserves the right to terminate the contract where the products cannot be delivered for reasons related to import restrictions, guidance or instructions, etc, from the relevant authorities, where the User(s) have made false statements or have performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the User(s).
  • In instances as described in 1 above, any funds remitted or payments made to the Mango will be returned to the User(s) in full. Any bank fees arising as a result are paid by the User(s), and the Mango 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 User(s), and the Mango bears no such costs whatsoever.
article13Forwarding and Shipment
  • Once the contract has been concluded with the User(s) and the appropriate paperwork (bill of lading, commercial invoice, other shipping documents) completed, the User(s) will be promptly notified of shipping details as described in Article 3.
  • Due to shipping companies or load overflow, etc, therefore, the Mango will not take any responsibility for such delays beyond the Mango’s control.
  • It is the responsibility of the User(s) to investigate in advance any import regulations in their country, and to report to the Mango if necessary. The User(s) is responsible for paying all taxes or fees assessed in their country, and local clearance and vehicle registration will be arranged by the User(s).
  • It is the sole responsibility of the User(s) to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in 3 above, and the User(s) will not hold the Mango liable in any instance whatsoever. Furthermore, the User(s) are liable for any resultant damages incurred by the Mango, while the Mango bears no liability for any such damages.
article14Refunds
  • Refunds are made only where there is a reasonable basis for such actions, such actions where agreement is not reached on a contract for the payment concerned.
  • Refunds may also be given where both parties agree, even where no basis as described in 1 above is recognized.
  • Bank fees assessed on remittances related to refunds as described in 1 and 2 above are paid by the User(s), except where the Mango is largely responsible.
article15Risk and Title
Property rights between the Mango and the User(s) is governed by the International Commercial Terms (Incoterms 2010, ICC Publication No.715), as noted on the proforma invoice at the time the contract is concluded as described in Article 11. Risk of the products shall pass from the Mango to the User(s) when the products pass the rail of the ocean vessel at the port of loading, and the Mango shall reserve the title to the products until the full payment for the products have been made.
article16Product Liability
The Mango sales are based on as-is condition at the time of sale. The Mango bear no liability whatsoever for problems, including failure and/or accidents, with the User(s) purchases of products where such problems arise from breakdown, defects, etc, that are the responsibility of the commodity manufacturer. Further, the Mango holds no liability for damages so incurred by any third parties.
article17Defect Liability
  • As described in Article 15, once property rights have been transferred, the Mango is in no way liable for damages incurred by the User(s), including defects or failure. Further, the Mango holds no liability for damages so incurred by any third parties.
  • The Mango and the User(s) may agree to conditions other than the above, in which case their agreement takes precedence.
article18Cost Burden
  • The Mango 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 User(s) or a third party. The User(s) cover the cost burden required to resolve any such issues.
  • 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 Mango, the Mango will pay repair and compensatory costs involved, regardless of the rules stipulated in 1 above.
  • The Mango and the User(s) may agree to conditions other than the above, in which case their agreement takes precedence.
article19Cancellation
  • The User(s) may terminate the contract before the Mango delivers the products to a carrier for shipment to the User(s) with payment to the Mango of 10% of the contract amount or US$ 500, whichever is larger.
  • The User(s) may cancel the products which is ordered other than the stock list displayed in the Service with payment to the Mango of 20% of the contract amount or US$ 1,000, whichever is larger.
  • The User(s) may terminate the contract after the Mango delivers the products to a carrier for shipment to the User(s) with payment to the Mango of general costs accrued at the destination in addition to the full amount of the contract.
article20Returns
  • Where a contract is concluded as stipulated above, the Mango will not allow any returns once the products or property rights on such products have been transferred.
  • Exceptions to the above may occur where the Mango is largely responsible.
article21Exchange Rate
All prices quoted on a proforma invoice, quotation, or deposit are either in US$, JPY, or other currency. The prices are valid on the day communicated to the User(s) or converted to other currency. If there is currency fluctuation between the day and the future day the Mango shall not be liable for any exchange loss of the User(s).

Chapter 3 : Other Important Issues

article22Safeguarding User Information
The Mango will not dispose or disclose information provided to the company by the User(s) in requesting a proforma invoice, as described in Article 10, or information that becomes known to the Mango through the process of the User(s) utilizing the Service, except under the following circumstances.

  • Where the User(s) agree to the disclosure of limited personal information (user name, address, telephone number, e-mail address, etc).
  • Where the Mango discloses statistics collected on personal information (the type of information where individual users are not specified).
  • Where disclosure is required by law.
article23Termination and Suspension of Service
The Mango may terminate or suspend operation of the Service under following circumstances.

  • For regular or emergency system maintenance or work on the Service, or under unavailable conditions such as a company system failure.
  • Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the Service cannot be operated as usual.
  • Where so restricted or order by a government agency, or where the Service of other electronic communications companies have been terminated or suspended.
  • Under any other circumstances where the Mango deems temporary suspension necessary to the operation of the Service.
  • The Mango will inform the User(s) 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.
  • The Mango is in no way liable for damages incurred by the User(s) or third parties resulting from termination or suspension of the Service.

Chapter 4 : Compensation for Loss

article24Exclusions
  • Except where otherwise specified in the Terms, the Mango in in no way liable for damages incurred by the User(s) 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 damage otherwise incurred related to the Service.
  • The above may not necessarily apply in cases where there is criminal intent or gross negligence of the part of the Mango.
  • The Mango makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc, of the description of the Service, or of information obtained by the User(s) through the Service.
  • The Mango makes no guarantees of proper operation of any user equipment or software.
  • The Mango is in no way liable for any disputes between the User(s) and third parties that may arise through use of the Service.
  • In addition to the above, the User(s) are liable for compensation of any damages incurred by the Mango as a result of their violation of the Terms, criminal intent, or gross negligence.
article25Claims
  • No claim shall be accepted unless;
    • FOB amount of the vehicle purchased is above US$ 2,000.
    • Age of the vehicle is less than 10-years.
    • Mileage of the vehicle is less than 120,000 km.
    • Claimed damage is above US$ 300 up to US$ 2,000.
    • Our grading of the vehicle is above good condition of 4-points.
    • Auction grading of the vehicle is above 3.5-points.
    • Vehicle from our stock or directly from auction houses with our factory inspection.
    • The User(s) notify the Mango of any claim in details in writing within 14 days after the arrival of the vehicle at destination specified in the bill of lading.
    • The following documents are presented by e-mail or fax within 5 days after the notice in D above; (port authority’s report of any damage, reputable local repair shop’s report and quotation in US dollar for repairs, and exact photos of any damage)
  • The Mango shall not be liable for;
    • Interior damages that are judged as minor and non-need of mention or invisible including scratches, cigar burns, and stains, etc)
    • Damaged or missing interior equipment including audio system, navigation, shift knob, head rests, sun shades, spare tires, tool box, floor mats, cigarette lighter, and any remote controls, etc.
    • Exterior damages that are judged as minor and non-need of mention or invisible including small and tiny scratches, dents, and rusts, etc.
    • Any consumable parts including engine oil, fuel, air conditioning gas, tires, etc.
    • Vehicle directly from auction houses without our factory inspection.