Terms & Conditions

Auction Terms, Conditions & Disclaimers

 

Please do not place a bid without reading the following information:

Sales Tax and Duties

Sales tax and duties may be applied to auction purchases. Unless exempted by law, the buyer is responsible for paying any applicable state and local sales tax or duties at the time of full or partial payment of the purchase price.

If you are tax-exempt, you may submit a valid tax exemption certificate to avoid being charged tax.

Note: Credit card payments are not accepted.

Items under $1,000 may be paid via PayPal.

Items over $1,000 must be paid via WireTransfer.

 

Important Notice on Wildlife Materials and Auction Terms

1. Wildlife Materials:Lots containing endangered or protected species (e.g. ivory, tortoiseshell, crocodile skin, rhino horn, whale bone, coral, Brazilian rosewood) may be subject to export/import restrictions. Buyers are fully responsible for checking relevant laws before bidding and for obtaining any required permits, tests, or documentation. TOISHINSEI Co., Ltd. is not liable for confiscation, transport issues, or failed shipments due to regulations.
2. No Guarantees: All items are sold as-is, without warranties of any kind regarding authenticity, condition, origin, age, or attribution. Any images, measurements, and descriptions are for reference only.
3. No Returns or Refunds:All sales are final. We do not accept returns for any reason, including defects, restoration, missing parts, or errors in listing. Contact us within 5 days of receipt if you have concerns.
4. Final Inspection & Sale Cancellation:All items undergo final quality checks before shipping. If an item fails our standards, we reserve the right to cancel the sale and issue a refund.
5. Bidding & Payment:Bids are binding. Shipping is arranged only after full payment. We reserve the right to reject bids or cancel sales due to technical errors or low bids deemed below value.
6. Storage:All items must be removed within 14 business days. We are not responsible for any damage to goods left beyond this period.
7. Platform Violations:Breach of these terms may result in account suspension or permanent removal from the platform.

By bidding, you confirm your understanding and acceptance of all terms above.

 

TOISHINSEI Co., Ltd. – Bidder Terms & Conditions

These Bidder Terms and Conditions (“Terms”), as modified by any posted, printed, or oral notices, constitute the entire terms and conditions under which TOISHINSEI Co., Ltd. (“the Company”), acting as agent on behalf of the consignor(s) of any items, offers and/or sells items to you as a bidder (hereinafter referred to as “Bidder,” “you,” or “your”) in this sale.

By placing a bid in any auction conducted directly by the Company through its affiliated websites (the “Auction”) or via other online auction platforms operated on behalf of the Company (the “Services”), you expressly agree to these Terms. Furthermore, by bidding, you enter into a binding negotiation and expressly agree that, should you be the highest bidder and the item or lot is declared sold, a contract of sale shall be formed under the laws of Japan.

If you do not agree to any future modifications of these Terms, you must discontinue using our Services and refrain from placing bids in any auctions conducted by or on behalf of the Company. Your continued use of the Services, whether now or following the posting of any such changes, constitutes your acceptance of these Terms and any such modifications.

1.Bidding

(a) Registration Requirement

All bidders must register and obtain a bidder number prior to bidding. As part of the registration process, each bidder must confirm that they have received, read, and understood these Terms and Conditions.

If you have any questions about these Terms, please ask during registration or contact us via email at [email protected].

(b) Legal Binding Contract

By placing a bid, you enter into a legally binding contract under Japanese law. A bid on any item shall constitute full acceptance of these Terms, along with any additional terms announced on the day of the auction.

If you are bidding on behalf of another individual or entity (the “Principal”), regardless of whether the agency is disclosed, you may be held jointly and severally liable with the Principal under the resulting contract. A “Principal” is a person or company authorizing an agent to act on their behalf.

(c) Auctioneer’s Authority

The auctioneer has the sole right to accept or reject any and all bids. The auctioneer—defined as the person conducting or in charge of the auction—may or may not be the announcer. All bids are made in U.S. Dollars (USD).

The auctioneer determines the highest bidder. In the event of a tie bid (where two or more bidders place identical highest bids at auction close), the auctioneer may reopen bidding among the tied bidders. The auctioneer’s decision is final.

2.Payment

No item will be released to the bidder until full payment is received for all items invoiced.

(a) Payment Deadline

Invoices must be paid in full within seven (7) business days of a successful bid.

(b) Non-Sufficient Funds

A penalty of $50 will be charged for any returned or dishonored check.

The bidder grants the Company and consignor a security interest in any property awarded via successful bid. The Company may retain any items on the bidder’s invoice, any payments made by the bidder, or any other property belonging to the bidder in its possession, as collateral, until all obligations are fulfilled.

(c) Retention of Rights

The Company and consignor reserve all rights as secured parties under Japanese law.

(d) Credit Card Authorization

By registering and bidding, you authorize the Company to charge the credit card used for registration if your invoice remains unpaid by the fifteenth (15th) business day after a successful bid. Charges may be processed in one or more transactions until the full outstanding balance is paid at the full buyer’s premium rate.

(e) Late Payment Interest

Invoices not paid within fourteen (14) business days after the auction will incur interest at a rate of 1.5% per month or the maximum legal rate, starting from the fifteenth (15th) business day until full payment is received.

(f) Non-Payment Consequences

If payment is not received in full within fifteen (15) business days of a successful bid, the Company reserves the right to:

(i) Cancel the sale of the item, which may then be resold or returned to the consignor.

(ii) Apply late charges as specified in section 2(e).

3.Buyer’s Premium and Fees

A 20% Buyer’s Premium will be added to the final hammer price of all successful bids (the “Purchase Price”).

4.Sales Tax

All items delivered or collected within Japan are subject to a 10% sales tax, including on the buyer’s premium.

The successful bidder is responsible for any taxes incurred through international shipping.

If you are purchasing for resale or are tax-exempt, you must provide a valid resale certificate or exemption certificate before the auction.

Without proper documentation, no deduction of sales tax will be made on invoices for items collected or shipped within Japan.

5.Disclaimers and Limitations of Liability

(a) Assumption of Risk

Your use of the Services and reliance on any content provided by the Company is at your own risk. All sales are final. Items and services are provided “as is” and “where is,” with no warranties of any kind.

(b) Inspection Responsibility

Preview times are provided before each auction. Bidders are solely responsible for examining items in advance to assess their condition, authenticity, and suitability.

We strongly encourage personal inspection. Bidders must adhere to the preview schedule set by the Company.

(c) Warranty Disclaimer

◎All expressed or implied warranties are disclaimed. Neither the Company nor the consignor makes any guarantees regarding:

◎Merchantability, fitness for a particular purpose, or condition of the items;

◎Accuracy of item descriptions;

◎Authenticity, artist attribution, provenance, or historical period;

◎Copyright or intellectual property ownership by the buyer;

◎Moral rights, royalties, or other rights associated with the artwork.

(d) Limitation of Liability

The Company, its employees, agents, and auctioneers shall not be liable for any damages, including incidental or consequential damages.

(e) Indirect Damages

To the extent permitted by law, the Company and its officers, directors, agents, and employees are not liable for losses, including but not limited to:

◎Monetary losses,

◎Loss of reputation or goodwill,

◎Lost profits or data,

◎Intangible losses,

◎Any special, indirect, or consequential damages arising from use of the Services or any successful bid.

(f) Role as Platform

The Company acts solely as a passive intermediary between buyers, sellers, and other users. You assume all responsibility for using the Services and for any successful purchases or transactions.

(g) No Warranty on Security and Content

The Company disclaims all warranties regarding:

 

(i) The security, reliability, or performance of services or content accessed via the online platform;

(ii) Exposure to or transmission of worms, viruses, spyware, adware, or any malicious code via the Services;

(iii) Any transactions, advice, communications, or content accessed through the Services, including external or third-party links.

(h) Release of Liability

By bidding, you agree to release the Company, its employees, partners, and auctioneers from liability arising from errors, omissions, or issues related to title transfer of purchased items.

(i) Maximum Liability

The total liability of the Company or its officers, directors, employees, and agents, under these Terms or resulting from use of the Services or any successful bid, shall not exceed $100 USD or the Buyer’s Premium paid by the bidder, whichever is higher.

(j) Jurisdictional Limitations

These disclaimers and limitations apply to the maximum extent permitted by law.

Some jurisdictions may not allow the exclusion of certain warranties or limitations of liability for incidental or consequential damages. In such cases, portions of these limitations may not apply to you.

6.Descriptions and Photographs

Item descriptions or photographs shall not substitute for a personal inspection of the items. The Company strives to accurately describe all items for sale, but all property is sold “as is.” Any written or oral statements, whether made in the catalog, condition report, invoice, sales slip, or in statements before, during, or after the auction, or elsewhere in writing or orally, regarding the physical condition, history or provenance, origin, age, culture, source, measurements, size, weight, fineness, quality, defects or damage, authorship or artistry, practicality, rarity, significance, historical relevance, prior exhibitions, previous sales, or any other characteristic or value of the item, are expressions of opinion and not representations or warranties. Please note that catalog photographs may have been resized for display purposes or cropped to exclude frames, picture frames, and wide blank margins. Colors may appear altered due to digital processing. No employee, agent, or auctioneer of the Company is authorized to make any representations or warranties on behalf of the Company or the consignor regarding any item.

7.Pickup and Shipping

(a) Shipping Method and Costs

All items are shipped via Japan Post or DHL Japan, and only after full payment of the invoice.

Shipping costs are borne by the winning bidder.

(b) Responsibility for Shipment

Shipping and handling expenses are the responsibility of the bidder.

The Company does not recommend any specific third-party shippers (except designated carriers) and shall not be held liable for any damage or loss caused by third-party shipping negligence.

(c) Shipping Contact List Disclaimer

To assist bidders, the Company may provide a list of local shippers for fully paid invoices.

However, providing this list does not constitute an endorsement, warranty, or guarantee regarding any listed shipper’s performance. The Company shall not be held liable for any damage or loss, including those arising from the negligence of any shipper on the list.

(d) Shipping Timeline and Storage Fees

Bidders are responsible for coordinating and managing all shipping arrangements.

Items must be shipped within two (2) weeks of payment.

Items remaining under the Company’s custody or control after two weeks may incur a storage fee of no less than $50.

(e) Pre-Payment of Storage Fees

Storage fees must be paid in full prior to item pickup.

(f) Pickup Procedure

Bidders (or their designated shippers) must schedule a pickup appointment with the Company to ensure staff availability.

A copy of the paid invoice must be presented at pickup.

The shipper or bidder must sign a copy of the invoice and note any damages or defects observed at the time of pickup.

(g) Abandonment and Disposal

Items remaining unclaimed 45 business days after full payment will be deemed abandoned property.

These items may be resold or otherwise disposed of without refund to the original purchaser.

8.Language

(a) Supported Languages

The Company primarily operates in English, Japanese, Simplified Chinese, and Traditional Chinese.

While we may accommodate spoken languages preferred by bidders when possible, communication errors due to language differences (including misinterpretations or mispronunciations) are not the Company’s responsibility.

(b) Bidder Responsibility

By registering and bidding, you acknowledge that you assume full responsibility for all communication and will secure interpreter services as needed.

9.No Refunds

(a) Final Sale – Sold As-Is

All sales are final, and all property is sold “as is.” The Company does not offer refunds under any circumstances.

(b) Role as Agent

The Company acts as an agent for individual sellers, estates, trusts, public and private institutions, and other persons and entities to sell consigned property.

(c) Inspection Prior to Bidding

Bidders are strongly encouraged to carefully inspect all items prior to bidding. Items offered at auction are available for preview and examination before the sale.

(d) Waiver of Rights to Cancel

By registering for the auction and placing a bid on any item, or on any portion of a lot, you acknowledge that you or your agent have conducted a full and satisfactory inspection of the item(s) and you explicitly waive any right to revoke your bid or cancel the purchase agreement after the item is declared sold.

10.Non-Payment or Breach of Terms – Remedies

In the event of non-payment or failure to comply with these Terms and Conditions, the Company and the consignor reserve the right to pursue any and all legal remedies available to them under applicable law.

Remedies May Include but Are Not Limited To:

(a) Enforcing specific performance and holding the bidder liable for the full invoice price.

(b) Canceling the sale and retaining all amounts paid by the bidder as liquidated damages, not as a penalty.

(c) Reselling the item(s) at public or private sale, with or without notice, and holding the bidder liable for:

◎Any shortfall between the resale price and the original hammer price；◎All costs related to the resale, including customary seller’s commissions；

◎Other incurred expenses such as storage fees, legal fees, and sales expenses.

◎The Company shall have sole discretion in selecting any remedy it deems appropriate.

11.Cash Payment Reporting

In accordance with regulations of the Japan National Tax Agency and Japan’s Financial Intelligence Center, the Company is required to file reports for transactions involving cash or a combination of cash and checks (personal or cashier’s) in excess of USD 10,000.00.

(a) Transactions Requiring Reporting

Reporting is required for:

◎Cash-only payments over USD 10,000

◎Combined payments of cash and checks where the total exceeds USD 10,000

◎Wire transfers and credit card payments are not considered cash transactions and are not reportable.

(b) Transactions Exempt from Reporting

No reporting is required for:

◎Wire transfers and credit card payments

◎Cash and/or check payments equal to or less than USD 10,000

◎Check payments over USD 10,000 if cash portion is USD 10,000 or less

(c) Bidder Cooperation

By registering and participating in the auction, you agree to cooperate with the Company in fulfilling its reporting obligations, including completing the required forms and providing your Taxpayer Identification Number (TIN), if applicable.

(d) Foreign Persons and Entities

If you are a non-resident foreign individual or foreign entity who:

◎Does not have income effectively connected with a trade or business in Japan,

◎Has no office, place of business, financial, or payment agent in Japan,

◎Has not filed a Japanese tax return,

◎Has not provided a certificate of Japanese withholding tax exemption,

◎Has not supplied a Japanese TIN in any tax filing,

◎Has not elected to file jointly with a Japanese citizen or resident spouse,

Then you are not required to provide a Japanese TIN. However, the transaction must still be reported and must include:

◎A non-Japanese mailing address, and

◎A copy of government-issued photo identification (e.g., passport or driver’s license).

12.Registration

Participation in any Company auction—whether bidding in person, online via live bidding, by telephone, as an absentee bidder, or through any other method—requires prior registration.

(a) Registration requires providing your full name, address, telephone number, email address, a government-issued photo ID (such as a passport or driver’s license), and your signature. We may also take a photograph of you during registration. As bidding in auctions results in legally binding contracts, submitting false registration information may constitute fraud. By registering to bid, you agree to be added to our email list. You may opt out upon receipt of the first email.

(b) To register as an in-person, absentee, or phone bidder, complete a Bidder Registration Form at the Company’s customer service desk during or prior to the exhibition period. Registration may also be completed by submitting a PDF version of the form along with a copy or photo of a government-issued ID or passport.

(c) Online bidders may expedite registration by providing a valid credit card through their online auction account. Bidders who provide a valid credit card will be enrolled in automatic payment, and their invoice will be charged to the stored card within 72 hours of issuance. Bidders who wish to pay by other means (e.g., wire transfer) within the 7-day payment period must inform the Company to opt out of automatic payment. (Note: Credit card payment is currently not supported.)

(d) Once registration is processed, Company staff will issue a bidder paddle number. This paddle number authorizes participation in the auction for which you have registered. Registration is required separately for each auction in which you intend to bid.

13.Reserves

Unless otherwise stated, all lots are subject to a reserve or minimum price. The reserve is the minimum amount a consignor is willing to accept for a lot. Company personnel or the auctioneer may bid on behalf of the seller up to the reserve price. In almost all cases, the reserve will not exceed the low estimate of the lot.

14.Online Live Bidding

The Company shall not be held liable for any damages resulting from online service interruptions or failures during any auction.

Once you register with your chosen online bidding platform, the Company will review your bidding and dispute history before approval. Providing a valid credit card may expedite this process. Upon completion of registration, you may bid online at any approved auction. Registration is required for each auction.

By using the online bidding platform, you agree to comply not only with the Terms outlined here but also with the terms and conditions of the chosen bidding platform. Following the auction, winning bidders will receive an invoice including the hammer price, buyer’s premium, and applicable sales tax, all of which are immediately due and payable.

15.Pre-Bidding

Pre-bidding is available via online bidding platforms and is subject to the same terms as online live bidding.

16.Absentee Bidding

(a) If you are unable to attend the auction in person or do not wish to bid online, you may submit an absentee bid. To do so, you must complete and submit an Absentee Bidder Registration Form prior to or during the exhibition period.

(b) After registration is processed, you will receive a bidder paddle number, which authorizes the Company’s staff to place bids on your behalf up to the maximum bid amount specified on your Absentee/Telephone Bidder Supplement Form. Separate registration is required for each auction.

(c) Submission of a bid is deemed full acceptance of all Terms outlined herein.

(d) In the event of a tie between an absentee bid and a bid placed in person (including live, phone, or online), the in-person bid will prevail.

Your absentee bid should reflect the maximum amount you are willing to bid before buyer’s premium and sales tax are added. Our staff will bid on your behalf in competitive increments, attempting to secure the item at the lowest possible price. The final hammer price may be lower than your submitted bid. All maximum bids must be expressed in USD. “Buy” bids will not be accepted.

By registering and bidding as an absentee bidder, you acknowledge and agree that buyer’s premium and sales tax will be added to any successful bid amount on your invoice.

(e) In no case will the starting bid be less than 50% of the low estimate.

(f) Opening bids for absentee lots are determined as follows:

(i) If there are three or more absentee bids: the median bid minus one increment.

(ii) If there are two absentee bids: the lower bid minus one increment.

(iii) If there is one absentee bid: one-half of the bid amount minus one increment.

(iv) For lots with reserves: opening bid will be the reserve price, if the absentee bid meets or exceeds it.

17.Withdrawal of Property from Sale

The Company will make every reasonable effort to ensure that all items listed in advertisements are available for sale. However, items may occasionally need to be withdrawn or combined into a lot prior to or during the sale. The Company shall not be held liable for any losses resulting from the withdrawal or grouping of any item(s) from the auction.

18.Auction Estimates

All auction estimates are solely intended as a guide based on the Company’s experience and historical sale data for similar items.

They do not represent appraisals and should not be considered an indicator of actual value.

Estimates may be subject to revision at any time prior to the sale.

19.Sellers / Consignors

Sellers and consignors are prohibited from bidding on their own items or employing agents or employees to bid on their behalf, unless the Company is permitted to bid on behalf of the seller or consignor in order to reach the reserve price.

20.Employees and Partners

Company employees and partners may bid on and purchase any lot offered in the auction, subject to the same terms, rules, and regulations as all other bidders.

21.Governing Law and Arbitration

(a) These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved by final and binding arbitration under the Comprehensive Arbitration Rules then in effect, as modified by this section.

(b) The arbitration shall take place in Hyogo Prefecture, Japan, or another mutually agreed location in writing (the “Designated Venue”).

The arbitration shall be conducted by a single arbitrator. If the parties cannot agree on an arbitrator, one shall be appointed pursuant to the Rules.

The arbitrator shall have the authority to grant any relief available in a court of competent jurisdiction under applicable law.

All arbitration awards shall include a written explanation summarizing the issues, the reasoning, and the basis for the decision.

The award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

(c) You and the Company agree that all arbitration proceedings shall remain strictly confidential.

Neither party shall issue any press release or public statement regarding the arbitration or any related court proceedings—including the existence of the arbitration or any aspect thereof—except as necessary for enforcement of an award or disclosure to counsel, experts, or as required by law.

Upon either party’s request, the parties shall cooperate in seeking a protective order for any such disclosure.

(d) Nothing in this section shall prevent the Company from seeking preliminary injunctive relief or other interim remedies in a court of competent jurisdiction to prevent irreparable harm pending final resolution under this arbitration clause.

(e) In any arbitration or legal proceeding arising out of or related to these Terms, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees.

All arbitration fees, including arbitrator fees, shall be shared equally by you and the Company.

Failure by you to timely pay your share of arbitration costs shall entitle the Company to a default award (if you are the respondent) or a dismissal with prejudice (if you are the claimant).

22.Venue Acknowledgement

By participating in this auction—whether in person, by agent, absentee, online, by telephone, or otherwise—bidders acknowledge and agree that the contract created by these Terms shall be deemed entered into and performed in Hyogo Prefecture, Japan.

23.Assignment

You may not assign or transfer these Terms or any rights granted hereunder.

The Company may assign or transfer these Terms without restriction.

Any attempted assignment or transfer by you in violation of this section shall be deemed null and void.

24.Entire Agreement

These Terms constitute the entire agreement between you and the Company and supersede all prior oral or written agreements.

No third party is intended to benefit from these Terms.

No modification, amendment, or waiver of any provision of these Terms shall be valid unless in writing and signed by the Company.

25.Construction

No provision of these Terms shall be construed against any party by reason of that party having drafted or structured such provision.

26.Severability

If any provision or part of a provision of these Terms is found to be invalid, illegal, or unenforceable under any law or public policy, such provision shall be severed, and the remaining provisions shall remain in full force and effect.