Awatar.net Terms and Conditions

1. Responsibility & Liability

Awatar.net is a remote shopping platform that acts as an intermediary between end users (“Clients”), freelance shoppers in Japan, and our third-party logistics provider partner.

Awatar.net acts as the Client’s agent when purchasing goods from third-party suppliers in Japan. By using our service, the Client authorizes Awatar.net to make payments to third-party suppliers on their behalf. The Client receives, uses, and benefits from the goods or services purchased. It is the Client’s responsibility to pay for these goods or services.

All costs paid to third-party suppliers are invoiced to the Client as separate line items, showing the exact amount paid without markup. Our sourcing fee and any shipping charges are invoiced separately and represent the cost of our services in facilitating the Client’s purchase.

2. Freelance Shoppers

Shopping is conducted by freelance shoppers registered on the platform (www.awatar.net). These shoppers are independent contractors and are not employees, agents, or representatives of Awatar.net. Awatar.net does not exercise direct control over the actions of these freelance shoppers beyond the scope of facilitating the shopping process.

3. Refunds and Cancellations

• If the Client misses their session (i.e. is late by more than 15 minutes), no refund will be provided.
• If the shopper misses the session (i.e. is late by more than 15 minutes), the Client will receive a full refund for that session, minus any payment processing fees incurred.
• If the Client cancels the session at least 72 hours before it is scheduled to start, the decision to issue a refund is at the shopper’s discretion. If a refund is issued, it will be minus any payment processing fees incurred. No refunds will be given for cancellations made less than 72 hours before the session start time.

4. Shipping and Handling

Goods purchased during remote shopping sessions are initially packaged by store staff in Japan, then transported via local carriers to our warehouse partner (“Logistics Partner”).

Neither Awatar nor Logistics Partner assumes responsibility for suboptimal packaging by local vendors as well as damage, loss, or mishandling of goods during transit to Logistics Partner.

To minimize the risk of damage en route to Logistics Partner, the Client is advised to oversee the packaging process at the end of the shopping session. If this is not possible, the Client is advised to ask their shopper to remind the vendor staff about the importance of careful packaging. Clients are also advised to request extra protective packaging, such as separate cardboard mailers, from vendors during shopping sessions if they are purchasing costly items.

In cases where the Client’s goods are damaged because of suboptimal packaging by the vendor, the Client is advised to file a complaint directly with the vendor. Awatar does not facilitate this process.

5. Client Obligations

Clients assume all risks for international shipping, including customs delays, FedEx surcharges, and freight damage. Clients are responsible for the accuracy of their customs declarations. Neither Awatar nor Logistics Partner are liable for issues arising from client-provided declarations. Awatar provides no advice related to local customs regulations in the Client's country.

6. Damage Claims

If the Client believes that the damage to their package was caused by Logistics Partner and wants Awatar to forward their complaint to Logistics Partner, they must provide clear photo evidence of the condition of the package upon receipt, demonstrating that damage was not caused by the international carrier and was indeed caused by Logistics Partner.

The Client must contact us within 48 hours of receiving the damaged item.

If the shipment is damaged by FedEx during international shipment, Awatar cannot be held responsible, and the Client should file a complaint directly with FedEx.

7. Storage Fees and Disposals

The Service provides Clients the benefit of storing their merchandise (one box) for up to 30 days at no charge. Once this period ends, Clients will incur storage fees of 2200 JPY per box.

Clients are required to ship their merchandise within 90 days of it arriving at the Logistics Partner warehouse. After that, the merchandise will be considered forfeited to Awatar.

8. Settlement of Invoices

Before we can instruct Logistics Partner to forward any goods affiliated with the Client's account, all of their outstanding invoices must be fully settled. Failure to clear any outstanding invoices will result in the withholding of Client’s package.

9. Retention and Sale of Goods Due to Non-Payment

If any charges or fees related to the services provided by Awatar remain unpaid by the customer, Awatar shall have the right to retain possession of the customer's goods and sell the retained goods. The proceeds from the sale will be used to cover the outstanding debt. Any surplus from the sale will be returned to the customer after covering all associated costs and the outstanding amount.

10. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

11. Indemnification

You agree to defend, indemnify and hold harmless Awatar Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service, by you or any person using your account and password, or a breach of these Terms.

12. Limitation Of Liability

In no event shall Awatar Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service; any conduct or content of any third party on the Service; any content obtained from the Service; and unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

13. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Awatar Ltd. does not warrant that the Service will function uninterrupted, secure or available at any particular time or location; that any errors or defects will be corrected; or that the results of using the Service will meet your requirements.

14. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 3 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Contact Us

If you have any questions about these Terms, please contact us at support@awatar.net.