By using DainichiUSA.com ("the Site"), you agree to be bound by the following Terms of Service ("the Terms"). These Terms apply to all users of the Site and govern your access and use of the Site and the services provided therein, including the koi auction services. If you do not agree to these Terms, you must discontinue your use of the Site and services.
Registration
To access certain features of the Site and participate in koi auctions, you will need to register an account with DainichiUSA.com. By registering, you warrant that you have provided true and accurate information and agree to keep your account information up-to-date.
Compliance with Applicable Laws
As we offer our services to users across various states in the United States, it is your responsibility to ensure compliance with all applicable local, state, and federal laws and regulations when using our Site and services.
Bidding and Auction Terms
All bids placed on our Site are final and binding. Upon winning a koi auction, you are obligated to make a payment for the koi won, according to the terms set out below.
Payment Terms
Payments for koi won in auction must be made within 48 hours of the auction's completion. If payment is not received within 7 business days of the auction's completion, we reserve the right to cancel the transaction and the koi may not be guaranteed to ship.
Shipping and Delivery
Koi purchased on our Site will be shipped and received in accordance with the Dainichi Koi Farm best practices and quarantine procedures. We will make every effort to ensure the safe and timely arrival of your koi, but we cannot guarantee their survival during shipping and receiving from Japan as well as shipping from our US facility to the winner.
Credits and Guarantees
In the unfortunate event that your koi dies during shipping and receiving from Japan, you will be provided with a credit towards future purchases on our Site. Once the koi has been imported into the United States, we do not offer any further guarantees, refunds, or credits for the koi purchased.
Indemnification
You agree to indemnify, defend, and hold harmless DainichiUSA.com, its affiliates, and their respective officers, employees, and agents from any and all claims, losses, or damages arising out of your breach of these Terms or your use of the Site or services.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to principles of conflict of laws. Any disputes arising from or relating to these Terms, the Site, or services shall be resolved by a court of competent jurisdiction in the United States.
Modifications to Terms
We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site and our services will signify your acceptance of the updated Terms.
Contact Us
For questions or concerns regarding these Terms or our services, please contact us at: