Legal

General Terms & Conditions

Japan Purchase Service — B2C · Version 1.0 · February 2025

Preamble

These General Terms and Conditions of Sale (GTC) govern the vehicle search, purchase and import services from Japan provided by TOPRANK EUROPE SAS exclusively to consumers within the meaning of the French Consumer Code.

Translation notice: This document is a translation for information purposes only. In case of discrepancy between this English version and the original French version, the French version shall prevail.

Version 1.0 — Effective as of February 5, 2025

Article 1 — Professional Identity

TOPRANK EUROPE SAS
32 allée de la Robertsau, 67000 Strasbourg, France
SAS — Share capital: €10,000 — Strasbourg Trade Register: 981 664 568
SIRET: 981 664 568 00012 — EU VAT: FR93981664568
Tel: +33 7 89 33 23 27 — Email: info@toprankeurope.com
Website: toprankeurope.com
Legal representative: LAM Alexandre

Article 2 — Scope of Application and Role as Agent

These GTC apply exclusively to consumers — any natural person acting for purposes outside their commercial, industrial, artisanal, liberal or agricultural activity.

TOPRANK EUROPE acts as an agent (broker). The vehicle sales contract is concluded directly between the Client and the Japanese seller. TOPRANK EUROPE is neither the seller, nor the repairer, nor the guarantor of the vehicle.

These GTC are provided on a durable medium (PDF) in accordance with Article L.221-5 of the French Consumer Code.

Article 3 — Service Description

The service includes:

  • Vehicle search in Japan (USS/TAA/JU auctions, partner dealer stocks)
  • Translation and analysis of Japanese auction sheets
  • Advice on risks and condition ratings
  • Optional or included pre/post-purchase inspections depending on the pack
  • Complete organisation of export and CIF sea transport to the arrival port
  • Ad valorem marine insurance
  • Coordination of fund transfers to Japan

Indicative average duration: 6 to 12 weeks (variable depending on vessel availability, customs formalities and loading times).

Not included: homologation, COC, repairs, registration, spare parts (separate quote on request).

Article 4 — Packs and Prices

PackIndicative CIF ValueFees (incl. VAT)Default Transport
BudgetUp to ~€25,000€900RoRo
StandardUp to ~€40,000€1,400Container
Premium> €40,000€2,500Container (priority)

Inspections: Budget Pack: paid option (~€50/inspection). Standard Pack: pre-purchase inspection included at USS Tokyo (if available). Premium Pack: detailed pre and post-purchase inspections included.

Japan Agency Fees (variable): ¥40,000 fixed + 5% of the amount exceeding the applicable threshold per pack.
Thresholds: Budget ¥1,000,000 · Standard ¥2,000,000 · Premium ¥3,000,000
Formula: ¥40,000 + 5% × (vehicle price – pack threshold)

Article 5 — Deposit and Payment Terms

A deposit of between 5% and 20% of the target CIF budget may be requested and held in TOPRANK EUROPE’s bank account.

When the vehicle’s CIF price is fully paid in Japan and no cancellation has occurred, the deposit is refunded to the Client within 14 days.

The vehicle price and CIF costs are paid directly to Japan. TOPRANK EUROPE does not collect funds related to the vehicle purchase.

Article 6 — Currency Risk

Euro estimates are indicative and based on the EUR/JPY exchange rate at the time of the simulation.

The Client assumes the currency risk between the budget validation date and the actual payment date in Japan. TOPRANK EUROPE does not guarantee any exchange rate.

Article 7 — Right of Withdrawal (14 days)

In accordance with Articles L.221-18 et seq. of the French Consumer Code, you have a period of 14 calendar days from the date of signing the order form to exercise your right of withdrawal, without justifying any reason or paying any penalties.

In case of withdrawal, TOPRANK EUROPE will refund all amounts paid (fees + deposit) within 14 days of receiving your withdrawal request.

Immediate execution option: If you expressly request immediate execution of the service before expiration of the withdrawal period and subsequently withdraw, TOPRANK EUROPE may retain a proportional amount for services already provided, capped at €360 incl. VAT (Article L.221-25 of the Consumer Code).

To exercise your right of withdrawal, send an unambiguous statement by email to info@toprankeurope.com or by post to the registered office.

Article 8 — Termination After the Withdrawal Period

As long as no vehicle has been purchased, the Client may terminate at any time.

TOPRANK EUROPE will invoice for services actually performed (research, auction sheet translations, advice), proportionally and justified by a detailed statement.

Maximum amount: €360 incl. VAT, deducted from the deposit. The remaining balance is refunded within 14 days.

No fees if fewer than 3 serious proposals have been submitted. A serious proposal means a vehicle matching the agreed criteria, with a translated auction sheet and a budget estimate within the validated maximum.

Article 9 — Vehicle Purchase — Final Commitment

Upon successful bid or firm purchase in Japan:

  • The purchase is final and irrevocable with respect to the Japanese seller
  • The Client must pay in full and on time for the vehicle and Japanese fees
  • Any payment default results in penalties for which the Client is solely responsible

Article 10 — Resale Option (Re-auction)

Standard and Premium Packs only: in case of a change of mind after purchase, TOPRANK EUROPE can organise a resale at auction in Japan.

  • Fees: €1,000 incl. VAT
  • Up to 3 auction presentations
  • No guarantee of price or sale timeframe

The net proceeds from the sale are remitted to the Client after deduction of actual costs.

Article 11 — Absence of Warranty on the Vehicle

As TOPRANK EUROPE is not the seller of the vehicle, no legal warranty of conformity or warranty against hidden defects applies from its part. The vehicle is sold as-is according to Japanese auction practices.

This absence of warranty does not affect any rights potentially applicable between the Client and the Japanese seller.

TOPRANK EUROPE’s role is to reduce risks through auction sheet analysis, organisation of inspections when provided by the pack, and advice on any notes, remarks and inconsistencies in the condition report.

Article 12 — Liability

TOPRANK EUROPE is responsible for the proper execution of its own obligations (loyal advice, diligent inspections, CIF organisation), in accordance with the French Civil Code (Articles 1984 et seq. relating to agency) and the Consumer Code.

Limitation: TOPRANK EUROPE’s liability is limited to direct damages and capped at the amount of fees received, except in cases of gross negligence or fraud.

Article 13 — Delivery and Arrival Formalities

TOPRANK EUROPE’s service ends upon delivery to the agreed port of arrival (CIF).

The Client is solely responsible for:

  • Customs duties
  • Import VAT
  • Port and handling fees
  • Inland transport from the port
  • Homologation and registration in their country

TOPRANK EUROPE transmits the import invoice and the Client pays the customs broker directly.

Article 14 — Force Majeure

Neither party shall be held liable for any delay or non-performance resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code (including port strikes, natural disasters, pandemics, government restrictions).

The affected party shall inform the other as soon as possible. If the event continues beyond 60 days, either party may terminate the contract. The Client will be refunded amounts paid, less services already performed.

Article 15 — Personal Data Protection

TOPRANK EUROPE collects and processes the Client’s personal data solely for order management, contract preparation and execution of import services, in accordance with the GDPR.

Data collected (name, address, email, telephone) is never sold to third parties. It may be transmitted to partners (carriers, insurers) only for fulfilment of our mission.

You have the right to access, rectify, erase and port your data, and to object to or restrict processing.
To exercise these rights: info@toprankeurope.com
Full privacy policy: toprankeurope.com/privacy-policy

Article 16 — Mediation and Disputes

Consumer Mediator: FNA MEDIATOR
Mediator: Mr. Jean Pierre CHEVROT
Tour Kupka B, La Défense — 16 avenue Hoche, 92800 Puteaux, France
Tel: +33 1 40 11 12 96 — Website: https://mediateur-fna.fr

European Online Dispute Resolution (ODR) Platform:
https://ec.europa.eu/odr

Competent courts: courts of the consumer’s domicile in accordance with Article R.631-3 of the French Consumer Code.

Article 17 — Governing Law

These General Terms and Conditions of Sale are governed by French law.

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