TRADING TERMS AND CONDITIONS
By accessing or using the Delights web Account you agree to be bound by these terms and conditions.
- 1. About Delights Co.,Ltd
(a) Used Japanese car trading by sharing vehicle information, photos, prices and enabling only the account holders to place orders for vehicle to be exported from Japan.
(b) Delights does not and cannot provide any warranty in relation to cars qualified by JEVIC inspection and shipped out of the country as we consider as our final product once the Certificate is issued.
- Account Holders
(a) Delights ID account holders must agree with the terms and condition of Delights trade once the process of placing an order. You must not without the prior written approval of Delights :
- modify, distribute or publish any Material including Invoice, Bill of Lading(BL), Jevic Certificate, Export Certificate.
- use or attempt to use any Material published on Delights to create any web site or publication or searchable database;
- mirror or frame any web site or page within the Delights;
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on Delights or generate or compile any document, index or database based on the Material published on the Delights;
- transfer or sell any information, functionality or products or services offered on the Delights
- undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
(b) Otherwise,Delights may terminate your right to access and use the Delights at any time.
- You are Responsible for the use of Delights Account.
You must keep your username and password to access Delights website and not provide those details to any third party under any circumstance. You represent and warrant to Delights that you accept all liability for any unauthorized use of any username and password issued to you.
- Cars sold through the agent(Dealer of Delights)
(a) If cars offered on or through Delights by third parties (sellers):
- Vehicle prices exclude government and statutory charges (unless otherwise stated);
- You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
- Delights does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons vehicles
- Delights will not be responsible for the terms of any transaction between you and any person; of any vehicle purchased by you from any person or; resolving any dispute between you and any person.
(b) Delights may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst Delights requests sellers check this information, it may be possible for information to be inaccurate. Delights strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
- Delights Responsibility to You is Limited
Delights, will not be liable to You:
(a)For claims arising out of or in connection with your access and use of the Delights and related services whether arising in contract, indemnity, strict liability, breach of warranty or statute;
(b) For loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(c) For the purposes of this section, the term Delights will mean Delights, its officers, employees, contractors and agents, whether individually or collectively.
(d) These terms and conditions will survive the expiration or termination of this agreement.
PAYMENT AND CANCELLATION TERMS
Customers (Account Holders) shall pay to Delights the Agreed price for vehicles on or before the agreed due date, which shall be 7 days from the date of invoice unless notified otherwise. Time for payment is of the essence.
Where Customers (Account Holders) takes deposit-first option as agreed with Delights, an initial deposit is required from customers (Account Holders) within 7 days after the invoice has been issued. Customers (Account Holders) shall be solely responsible for ensuring that balance has been paid 2 weeks before the arrival of the vehicle to the port. Should the Customers (Account Holders) opt to cancel the Agreement, Customers (Account Holders) will be obliged to pay a cancellation fee of 10% out of agreed C&F price .
When a sum owing has not been received in full by Customers (Account Holders) within a week from the date of agreed payment, Delights shall be entitled to:
- Charge Customers(Account Holders) cancellation fee on any unpaid sums
- Suspend all documents(including without limitation the Services provided to Delights pursuant to any agreement with the Delights until such time as payment has been received in full.
- All payment must be payable to Delights.co.Ltd unless notified otherwise. Delights reserves the right to decide the amount of any credit extended to Customers(Account Holders) in its sole discretion and Delights shall be entitled to withdraw credit facilities from Customers(Account Holders) at any time.
- All payments processed to Delights.co.Ltd in c/o of Customers (Account Holders), will be considered as money accounted to Customers (Account Holders) with respect of the prior communication between Customers (Account Holders) and Delights via phone or email.
Customers (Account Holders) shall be entitled to cancel a unit by giving notice in email or telephone to delights. Cancellation charges shall occur beyond 5 days after shipment of a unit.
Delights shall be entitled to remind the Agents/Customers(Account Holders) on the payment by giving of notice by telephone, fax, email to the Agents/Customers(Account Holders) and further reserves the right in its sole discretion to refuse to sale any vehicle or provide any Service where:
- Delights has reasonable grounds for believing that the Agents/Customers(Account Holders) is in breach of the Agreement;
- The Agents/Customers(Account Holders) ceases, or threatens to cease, to carry on its business;
- The Agents/Customers(Account Holders) becomes insolvent;
Subject to clause, Delights shall be entitled to cancel the unit, cancel the vehicle and/or price down the vehicle cost by giving notice in accordance with this clause. The Agents/Customers(Account Holders) should telephone Delights to inform them that they are intending to cancel the unit, cancel all or any of the Services and/or further negotiate the price.
The Agents/Customers(Account Holders) is solely responsible for ensuring that Delights receives any notice of cancellation in connection with this Agreement.
In the event the Agents/Customers(Account Holders) breaches payment terms and/or where the Agents/Customers(Account Holders) has chosen a deposit-first option and the deposit-first funds are insufficient to cover Delights accrued sum of Charges, Delights shall be entitled to serve a formal Notice of cancellation of the account on email allowing the Agents/Customers(Account Holders) 7 days to remedy any such breach and/or deficient funds. This is without prejudice to any previously accrued rights referred hereto.
Delights shall be entitled to cancel a unit and/or the provision of any Services at any time on 3 days' notice to the Agents/Customers(Account Holders) for convenience, or immediately on the giving of notice by telephone, fax or email to the Agents/Customers(Account Holders) and further reserves the right in its sole discretion to resale the unit to any other party.
Delights shall be entitled to cancel the unit if the party permanently fails to reply to Delights after notification has occured.
Delights shall be entitled to cancel the unit if the party fails to clear the balance incurred on the balance sheet on the agreed given time of period.