利用規約
Effective Date: [DATE] · Last Updated: [DATE]
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1. About Benricart
These Terms of Service ("Terms") govern your use of the Benricart marketplace platform ("Platform"), operated by:
Company Name: [COMPANY NAME] 合同会社 / 株式会社
Representative: [REPRESENTATIVE NAME]
Address: [REGISTERED ADDRESS], Japan
Phone: [PHONE NUMBER]
Email: support@benricart.com
The Platform connects buyers and sellers across Asian communities in Japan. Benricart is the marketplace operator — not the seller. Each sale is a direct transaction between the buyer and the individual seller.
By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
2. Definitions
| Term | Meaning |
|---|---|
| Platform | The Benricart website, mobile application, and all related services |
| User | Any person who creates an account on the Platform |
| Buyer | A User who purchases products from a Seller |
| Seller | A verified User who lists and sells products on the Platform |
| Order | A confirmed purchase transaction between a Buyer and a Seller |
| Listing | A product or service offered for sale by a Seller |
| Commission | The fee Benricart charges Sellers on completed transactions |
| Dispute | A formal complaint filed by a Buyer about an Order |
| COD | Cash on Delivery — payment in cash at time of delivery |
3. Account Registration
3.1 Eligibility
To create an account you must: be 18 years of age or older; be capable of entering into a legally binding contract under Japanese law; not have had a previous account terminated for policy violations.
3.2 Account Types
Buyer Account — Free. No verification required to browse or purchase.
Seller Account — Requires identity verification before listing products. See Section 5.
3.3 Account Security
You are responsible for maintaining the security of your account credentials. Notify us immediately at support@benricart.com if you suspect unauthorized access. Benricart is not liable for losses resulting from unauthorized access caused by your failure to secure your credentials.
3.4 Accurate Information
You agree to provide accurate, current, and complete information. Providing false information is grounds for immediate account termination.
4. Buyer Terms
4.1 Placing Orders
When you place an order, you enter into a direct purchase contract with the Seller. You confirm: you are authorized to use the payment method; the shipping address is accurate and accessible; you intend to receive and pay for the item.
4.2 Payment Methods
Pay Now (Card): Charged immediately at order placement. Accepts Visa, Mastercard, JCB, American Express. Processed by Stripe — Benricart does not store card details.
Cash on Delivery (COD): A 6-digit OTP is required to confirm your COD order (30-minute window). COD spending limits apply:
| Delivery History | Maximum COD Order Value |
|---|---|
| 0 prior deliveries | ¥3,000 |
| 1–2 prior deliveries | ¥10,000 |
| 3+ prior deliveries | No limit |
Refusing delivery without valid reason is recorded. After 2 refusals within 90 days, or 3 total refusals, COD access may be suspended.
4.3 Order Cancellation
You may cancel only while the order is in Processing status (before shipment). Card refunds are processed within 3–5 business days.
4.4 Returns and Refunds
Return requests must be filed within 7 days of delivery confirmation for: items significantly different from the listing description; items that arrived damaged; wrong items shipped. Open a Dispute from your order page (see Section 7).
Non-returnable: Perishable food once opened; digital products; items modified or damaged after receipt; items outside the 7-day window without prior agreement.
4.5 Buyer Responsibilities
You agree not to misuse the dispute or refund system; falsely claim an item was not received or not as described; initiate chargebacks without first using Benricart's dispute process. Abuse may result in account suspension and recovery of refunded amounts through legal means.
5. Seller Terms
5.1 Seller Verification
To list products, you must complete seller verification (reviewed within 48 hours). Individual Sellers: Government-issued ID + selfie. Business Sellers: Business registration certificate + owner ID + applicable permits (食品営業許可 for food sellers, etc.).
5.2 Commission
Benricart charges a 10% commission on the product subtotal of each completed Order, automatically deducted from card payments via Stripe Connect. COD commission is invoiced monthly (see 5.4).
5.3 Payouts
Card payment earnings are paid weekly every Friday to your registered Japanese bank account via Stripe Connect. Minimum payout threshold: ¥1,000.
5.4 COD Commission
COD commission is invoiced by the 5th business day of the following month and must be paid within 7 days of issue.
| Timeline | Action |
|---|---|
| Day 7 (unpaid) | COD disabled on your store |
| Day 14 (still unpaid) | Seller account suspended, all listings hidden |
5.5 Seller Obligations
By selling on Benricart, you agree to: ship orders within stated processing time (default 3 business days); provide tracking for all shipments; respond to buyer messages within 48 hours; maintain accurate stock levels; ensure all products comply with Japanese law; hold all required permits and licenses; not create multiple seller accounts; not manipulate reviews.
5.6 Product Accuracy
You are solely responsible for the accuracy of your listings. For used and second-hand items: clearly state the condition; include photos showing any defects; never describe used items as "new" unless they are. Misrepresentation strikes: at 5 strikes, used item listings are unpublished; at 7 strikes, seller account is suspended.
5.7 Intellectual Property in Listings
All product photos must be your own or you must hold the right to use them. No trademark infringement or counterfeit goods. You grant Benricart a non-exclusive, royalty-free license to display and use your listing content while it is active.
5.8 Specified Commercial Transactions Act (特定商取引法)
Your store page must display: business/individual name; address; phone; email; prices (tax-inclusive); shipping fees; payment methods; delivery timeframe; return and refund policy. Your store cannot be published until all required fields are completed.
6. Prohibited Items and Activities
6.1 Prohibited Products
- Firearms, blades over 6cm, tasers, stun guns, or pepper spray
- Narcotics, controlled substances, or items containing them
- Prescription medications
- Counterfeit, replica, or trademark-infringing products
- Live animals or protected species products
- Products subject to active Japanese import bans
- Alcohol or tobacco (not supported in the current platform version)
- Adult content of any kind
- Items promoting hate, discrimination, or violence
6.2 Prohibited Activities
- Create multiple accounts to circumvent suspensions or verification
- Use the Platform for money laundering or financial fraud
- Manipulate the review system
- Scrape or harvest Platform data without written permission
- Interfere with the Platform's technical operation
- Impersonate another person or entity
- Resell access to Benricart accounts
Violation of any prohibition in this section results in immediate permanent account termination.
7. Dispute Resolution
7.1 Filing a Dispute
First contact the seller via Platform messaging. If unresolved within 48 hours, file a formal dispute from your order page. Reasons: Item not received · Item not as described · Seller unresponsive · Fraud · Other. Upload up to 5 evidence photos (JPEG, PNG, or WebP, max 10 MB each).
7.2 Dispute Process
Buyer files → Admin reviews → Seller notified (48h to respond) → Admin decides. Target resolution: 5 business days from filing (24 hours for fraud disputes).
7.3 Resolution Outcomes
| Outcome | Result |
|---|---|
| Buyer wins | Full refund. Card: 3–5 business days. COD: manual bank transfer within 3 business days. |
| Seller wins | No refund. Order stands. |
| Mutual agreement | Partial refund or other agreed resolution. |
| Warning issued | No refund; seller receives a formal warning. |
7.4 Limitation on Disputes
One dispute per order. Must be filed within 14 days of delivery (or 30 days of order date if delivery not confirmed). Benricart's decision is final.
8. Reviews
8.1 Leaving Reviews
Buyers may review a completed order within 30 days of delivery. Reviews must be genuine, honest, and accurate. No personal information, hate speech, threats, or obscene content.
8.2 Review Removal
Benricart removes a review only if: it was left by someone who did not purchase the item; it contains personal information, hate speech, or illegal content; it is demonstrably fabricated spam. Benricart will not remove a review simply because the seller disagrees with it.
8.3 Review Manipulation
Artificially inflating ratings through fake purchases, paying for reviews, or pressuring buyers to change reviews is strictly prohibited and results in seller account termination.
9. Intellectual Property
The Benricart name, logo, design, and Platform technology are owned by [COMPANY NAME]. You may not use them without written permission.
User-generated content (product listings, reviews, profile information) remains your property. You grant Benricart a license to display and use this content as necessary to operate the Platform.
10. Disclaimer of Warranties
The Platform is provided "as is" and "as available." Benricart makes no warranty that:
- The Platform will be uninterrupted or error-free
- Products listed by sellers are safe, legal, or accurately described
- Any particular seller is legitimate or will fulfill their obligations
Benricart is a marketplace operator, not a retailer. Product quality, accuracy, and legality are the seller's sole responsibility.
11. Limitation of Liability
To the maximum extent permitted by Japanese law, Benricart's total liability for any claim is limited to the greater of (a) the amount of the disputed transaction or (b) ¥10,000.
Benricart is not liable for: indirect, incidental, or consequential damages; loss of profits or business; a seller's failure to ship or fulfill an order; customs seizure or import rejection of goods; force majeure events.
Nothing in these Terms limits liability that cannot be excluded under Japanese consumer protection law.
12. Account Suspension and Termination
12.1 By Benricart
Benricart may suspend or terminate accounts for: Terms or law violations; false registration information; fraud or harmful behavior; failure to maintain verification; 7 misrepresentation strikes (sellers — automatic); chargeback rate exceeding 1% (sellers); 12+ months of inactivity with no activity.
12.2 By You
Close your account at any time by contacting support@benricart.com. Pending orders must be completed first. Sellers must have no outstanding payouts, disputes, or unpaid commissions.
12.3 Effect of Termination
Access ends upon termination. Order history and transaction records are retained as required by Japanese tax law (7 years). Personal data is handled per the Privacy Policy.
13. Changes to These Terms
Benricart may update these Terms. For material changes, we will notify you by email and/or Platform notification at least 14 days before the changes take effect. Continued use of the Platform constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, close your account before the effective date.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of Japan. Disputes that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Tokyo District Court (東京地方裁判所) as the court of first instance.
The Japanese language version of these Terms is the authoritative version. In the event of any conflict between the Japanese and English versions, the Japanese version prevails.
15. Specified Commercial Transactions Act Disclosure (特定商取引法に基づく表記)
販売業者: [COMPANY NAME] 合同会社 / 株式会社
代表者: [REPRESENTATIVE NAME]
所在地: [REGISTERED ADDRESS]
電話番号: [PHONE NUMBER](受付時間: 平日 10:00〜17:00)
メールアドレス: support@benricart.com
サービス: オンラインマーケットプレイス(通信販売の受託)
手数料: 販売者に対し取引金額の10%
支払方法: クレジットカード(Visa, Mastercard, JCB, American Express)/ 代金引換
引き渡し時期: 各販売者のストアページに記載
返品・キャンセル: 各販売者のストアページに記載(詳細は本利用規約第4.4条参照)
16. Contact
Email: support@benricart.com
Address: [REGISTERED ADDRESS], Japan
Hours: Weekdays 10:00–17:00 JST
Privacy inquiries: privacy@benricart.jp
© [YEAR] [COMPANY NAME]. All rights reserved. · Benricart — Connecting Asian Communities in Japan