Terms and Conditions
Live Brand Auction – Terms and Conditions
This 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 Live Brand Auction offers you access to and use of our Services. You agree to comply with all of the terms of this 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 this Terms and Conditions, the entity is referred to as “Live Brand Auction,” “LBA,” “we,” or “us.”
Please be advised that this Terms and Conditions contains 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 Live Brand Auction
Live Brand Auction (LBA) is a unique shopping website for serious luxury goods collectors and resellers. On LBA, 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.
LBA is designed for speed and efficiency for easing bulk purchases, and for incredibly low prices, at or 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 this Terms and Conditions carefully, especially Section 5 through 8.
3. Using Live Brand 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 Live Brand Auction policy, for example, a clear typographical error is made.
- transfer your Live Brand Auction account and user ID to another party without our consent;
- distribute viruses or any other technologies that may harm Live Brand 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 Live Brand Auction;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Live Brand 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 Live Brand 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 Live Brand Auction or someone else;
- commercialize any Live Brand Auction application or any information or software associated with such application, except with the prior express permission of Live Brand Auction;
- 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 Live Brand 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 a 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. 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 them, 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 LBA 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).
- 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.
- We do not accept cancellation of an entire order or individual items within, during or after auctions. All sales are final.
- 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 meaning 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 5 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.
7. Shipping Policy
- We generally ship your order within 24-48 hours 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 regular shipping. 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.
- All items will be shipped out of our headquarters in Japan. Please note that you are responsible for any potential customs/importation fees.
- 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 in the “My Account” section of the website. We do not take responsibility for mistakes in this address.
- We cannot combine orders made on LBA with orders made on other platforms.
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 5 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 LBA 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 LBA 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 hasn’t arrived after 31 calendar days from the date of the purchase; or
- Item(s) you purchased could not shipped within 14 calendar days from the date of the purchase due to postal strikes, natural disasters and other unforeseen circumstances.
In such cases, please make your claim within 45 days from the date of the purchase to our customer support.
The name “Live Brand Auction” and other Live Brand Auction 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..
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 Live Brand Auction’s applications may not occur in real time. Such functionality is subject to delays beyond Live Brand 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 Live Brand Auction;
- a suspension or other action taken with respect to your account or breach of the Abusing Live Brand 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 this 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 Live Brand 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 Live Brand Auction’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 LIVE BRAND AUCTION HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Live Brand Auction agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Live Brand Auction (including any claim or dispute between you and a third-party agent of Live Brand 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 Live Brand Auction 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 Live Brand Auction, except as otherwise stated in this Terms and Conditions.
B. Agreement to Arbitrate
You and Live Brand Auction each agree that any and all disputes or claims that have arisen, or may arise, between you and Live Brand Auction (including any disputes or claims between you and a third-party agent of Live Brand 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 Live Brand 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 this Terms and Conditions.
We may amend this 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. This Terms and Conditions may not otherwise be amended except through mutual agreement by you and an Live Brand Auction representative who intends to amend this 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 this Terms and Conditions. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-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 Live Brand Auction, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this Terms and Conditions: Disclaimer of Warranties; Limitation of Liability; Indemnity, Legal Disputes, and General.