General Terms and Conditions of Sale TSUME SA
Table of contents :
1 - Définitions 2 - Identification 3 - Purpose and general provisions 4 - Entry into force and modification of the general tenns and conditions of sale
5 - Information on the Products
6 - Pre-ordering and ordering 7 - Prices 8 - Terms of payment 9 - Product availability 10 - Waiting list
11 - Delivery times 12 - Delivery terms 13 - Warranties 14 - After-sales support 15 - Cancellation 16 - Retention of title clause 17 - Liability 18 - Right of withdrawal 19 - Out-of-court settlement 20 - Dispute and applicable law 21 - Invalidity 22 - Protection of personal data 23 - Trademarks or Properties
24 - Cookies
1 - Définitions 2 - Identification 3 - Purpose and general provisions 4 - Entry into force and modification of the general tenns and conditions of sale
5 - Information on the Products
6 - Pre-ordering and ordering 7 - Prices 8 - Terms of payment 9 - Product availability 10 - Waiting list
11 - Delivery times 12 - Delivery terms 13 - Warranties 14 - After-sales support 15 - Cancellation 16 - Retention of title clause 17 - Liability 18 - Right of withdrawal 19 - Out-of-court settlement 20 - Dispute and applicable law 21 - Invalidity 22 - Protection of personal data 23 - Trademarks or Properties
24 - Cookies
1 - DÉFINITIONS :
Deposit: Amounts paid by the Customer when purchasing a Product in Order or Pre-order before delivery of the Product. The Deposit constitutes 10% of the price of the Product displayed and remains acquired by TSUME SA in case of cancellation of the Order or Pre-order by the Customer.
Rights holders: Companies holding the rights to a given intellectual property.
Technical characteristics of the Product: All data defining a Product, including but not limited to dimensions, weight and materials.
Customer: Refers to the co-contractor of TSUME SA.
Consumer: Any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity.
Order: Purchase made directly by the Customer on the website www.tsume-art.com or at conventions/fairs, concerning a Product available in stock. In the case of an order for a Commercial enterprise, this will be done via the sales department.
Pre-order opening date: Date from which the Customer has the right to register a Pre-order for a prototype in progress and not yet available in Stock.Pre-order: Purchase made directly by the Customer, if applicable according to the payment terms contained in clause 8, on the website www.tsume-art.com relating to one or more Products intended to be manufactured or in the process of being manufactured and not yet available in stock. The manufacturing time of a Pre-order is announced by TSUME SA as an indication, which means that TSUME SA is not obliged to adhere to this timeframe.
Price: Price set by TSUME SA for the Products, and which appears on the website www.tsume-art.com at the time of the conclusion of the purchase/sale contract, and to be paid by the Customer for the acquisition of the Product (see Chapter 7 on Prices).
Product(s): all the material Products that can be purchased or subscribed to on the www.tsume-art.com website or at a fair.
Professional: any natural or legal person, whether public or private, who acts, including through the intermediary of another person acting in their name or on their behalf, for the purposes of their commercial, industrial, craft or liberal activity. After-sales support: After-sales service support.
Rights holders: Companies holding the rights to a given intellectual property.
Technical characteristics of the Product: All data defining a Product, including but not limited to dimensions, weight and materials.
Customer: Refers to the co-contractor of TSUME SA.
Consumer: Any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity.
Order: Purchase made directly by the Customer on the website www.tsume-art.com or at conventions/fairs, concerning a Product available in stock. In the case of an order for a Commercial enterprise, this will be done via the sales department.
Pre-order opening date: Date from which the Customer has the right to register a Pre-order for a prototype in progress and not yet available in Stock.Pre-order: Purchase made directly by the Customer, if applicable according to the payment terms contained in clause 8, on the website www.tsume-art.com relating to one or more Products intended to be manufactured or in the process of being manufactured and not yet available in stock. The manufacturing time of a Pre-order is announced by TSUME SA as an indication, which means that TSUME SA is not obliged to adhere to this timeframe.
Price: Price set by TSUME SA for the Products, and which appears on the website www.tsume-art.com at the time of the conclusion of the purchase/sale contract, and to be paid by the Customer for the acquisition of the Product (see Chapter 7 on Prices).
Product(s): all the material Products that can be purchased or subscribed to on the www.tsume-art.com website or at a fair.
Professional: any natural or legal person, whether public or private, who acts, including through the intermediary of another person acting in their name or on their behalf, for the purposes of their commercial, industrial, craft or liberal activity. After-sales support: After-sales service support.
2 - IDENTIFICATION :
Company name: TSUME SA
Registered Office: Båtiment TRACOL
IMMOBILIER, Zone Industrielle Rolach, L-5280
SANDWEILER, Luxembourg
RCS Luxembourg : B 151925
Intra-community VAT number:
LU24084006
Tel: + 352 20 21 14 30
E-mail address: sav@tsume-art.com
3 -
PURPOSE AND GENERAL PROVISIONS :
These general terms and conditions of sale apply to any purchase made by a Customer from TSUME SA, whether on the website www.tsume-art.com or at a fair.
By placing an Order or a Pre-order on the website www.tsume-art.com, or at a fair, the Customer declares that they have read these general terms and conditions of sale and expressly accept the terms without reservation or conditions.
No general or specific condition appearing in the documentation provided by the Customer may be integrated into the present terms and conditions, insofar as this documentation is incompatible with the present terms and conditions.
By placing an Order or a Pre-order on the website www.tsume-art.com, or at a fair, the Customer declares that they have read these general terms and conditions of sale and expressly accept the terms without reservation or conditions.
No general or specific condition appearing in the documentation provided by the Customer may be integrated into the present terms and conditions, insofar as this documentation is incompatible with the present terms and conditions.
The Customer acknowledges that they have received the necessary advice and information to ensure that the offer is suitable for their needs. The Customer declares that they are legally able to contract under the laws of Luxembourg or that they validly represent the natural or legal person for whom they are contracting. Unless proven otherwise, the information recorded by TSUME SA constitutes the proof of all transactions.
4 - ENTRY NTO FORCE AND MODIFICATION OF
THE GENERAL CONDITIONS:
These general terms and conditions
of sale were updated on November 22nd 2022 and are applicable to
orders/pre-orders made from November 22nd 2022 at 12:00, time zone UTC+I. For
any question concerning Products purchased prior to the above date, the
Customer must refer to the previous versions available here.
Version 2021
Version 2018
Version before 2018
The Customer is subject to the terms and conditions of sale in force at the time they placed their Order for a Product, unless a change to these terms and conditions of sale is required by an administrative or governmental authority. No omission, in respect of the performance of its rights or obligations by TSUME SA, shall be construed as a waiver by it of any of the rights and obligations that TSUME SA may have under these terms and conditions.
Version 2021
Version 2018
Version before 2018
The Customer is subject to the terms and conditions of sale in force at the time they placed their Order for a Product, unless a change to these terms and conditions of sale is required by an administrative or governmental authority. No omission, in respect of the performance of its rights or obligations by TSUME SA, shall be construed as a waiver by it of any of the rights and obligations that TSUME SA may have under these terms and conditions.
TSUME SA reserves the right to modify these terms and conditions at any time without prior notice, it being understood that such modifications will not apply to the goods and services already acquired by the Customer at the time the updated terns and conditions come into force.
5 - PRODUCT INFORMATION :
The Products offered for sale by Order or Pre-order are those presented on the website www.tsumeart.com or those presented during the fairs, within the limit of available stocks.For each Product offered on the
website www.tsume-art.com TSUME SA provides its Customers with a precise
identification notice of the Product offered containing the presentation of the
essential characteristics, the indication of the price, and, if applicable, the
estimated delivery costs for the resin Product ranges in Pre-order, and the
delivery costs defined for the Products in stock.The descriptions, information and
photographs that present the figurines, statues, board games and ready-to-wear
items are as accurate a reproduction as possible, but are communicated for
illustrative purposes only and have no contractual value insofar as they cannot
ensure a perfect similarity with the manufactured Products. The Customer is
also informed that the choice of a Pre-order is based on photos of the
prototype not yet manufactured or in the process of being manufactured and that
the finished Product may therefore vary slightly from the photographed
prototype due to its manufacture by hand and in the factory.The Products are subject to the
approval and validation of the Rights holders, who may exercise a right of
return and result in a modification of the Product.In order to constantly improve the
quality of its Products, TSUME SA may have to modify the characteristics of its
Products. In particular, the Product may be subject to modifications according
to the production stages. Thus, in the interest of quality and in the event of
a modification request from the Rights holders on the Product, the estimated
release dates may be postponed.
FIGRUINES/STATUES
HQF: High Quality Figure - 1/6 to 1/8 scale figurine made of PVC and ABS, delivered in a window box.IKIGAI: Collector's statue produced in limited edition. This range is available in two versions:
TSUME SA offers the following Products for sale:
FIGRUINES/STATUES
Each figurine/statue is unique and handcrafted.
All these Products are licensed collectible statues/figurines that do not meet the definition of a toy and are intended for people aged fourteen (14) and over.
The outer boxes are not collectibles, but are only present to protect the package and are numbered to ensure logistical tracking.
TSUME SA branded figurines/statues are available in several ranges:
SC: Standing Character: 1/12 scale figurines designed in PVC and ABS delivered in a window box.XTRA: 1/8 to 1/10 scale figurine made of PVC and ABS delivered in a window boxHQF: High Quality Figure - 1/6 to 1/8 scale figurine made of PVC and ABS, delivered in a window box.IKIGAI: Collector's statue produced in limited edition. This range is available in two versions:
Regular: is the version announced at the time of the pre-order;
Ultimate: is a different version of the Regular;
« A revamp of this range and clear communication to customers was carried out on September 27, 2022, to inform about Tsume SA's decision to market henceforth a single version »
This range is mainly in 1/6 scale, designed mainly in resin, but other materials may be used for technical reasons.
ULTRA HQS, HQS, HQS DIORAMAX: High
Quality Statue - a numbered collector's statue issued in a limited edition.
Made of resin but can include other materials (metal, ABS, etc.) for technical
reasons. The statue can include an analogue LED system and/or a sound system,
all powered by battery or mains. The HQS can be divided into two new
sub-ranges, Ultra HQS or HQS Dioramax, and since December 2021, they have a
label specifying the scale of the piece in order to better inform the Customer.HQS+: High Quality Statue - a
numbered collector's statue issued in a limited edition. Traditionally in 1/4,
1/5 or 1/6 scale. Made of resin but can include other materials (metal, ABS,
etc.) for technical reasons. The statue can include an analogue LED system
and/or a sound system, all powered by battery or mains. The HQS+ range will no
longer be used for new projects from December 2021 with the exception of the
three (3) remaining bronze knights which will enable the completion of the
Saint Seiya Diorama.MUB: My Ultimate Bust - A high-end
1/1 scale bust on a resin base that can include other materials (glass, fibre,
wood, etc.) to ensure optimal rendering. This one can contain potentially customizable
elements according to the type of bust, hand painted and delivered with its
personalized certificate.
Products from the IKIGAI, ULTRA/HQS/DIORAMAX, HQS+ & MUB ranges are numbered and/or delivered with a certificate of authenticity.
(Boxes and cardboard coverings are produced in limited quantities and not reproduced.)
ENZAN by TSUME - Display cases for domestic and professional use
ENZAN is a range of showcases made of metal, PVC and ABS and equipped with four (4) glasses, designed to display the Products of certain TSUME statue ranges.
YOKA by TSUME - Board Games
YOKA by TSUME offers board games from well-known licenses in the entertainment world, but also original creations.
IKI by TSUME - Ready-to-Wear License
IKI by TSUME offers several ranges of clothing and other accessories under official licenses, in limited edition, or free edition official TSUME brand creation products.
IKI by TSUME Products are designed with quality fabrics.
6 -
PRE-OREDER-ORDER
Customers wishing to purchase an ENZAN, IKI or YOKA by TSUME Product must register their Order or Pre-order on the website www.tsume-art.com as follows:
To do this, log in to your TSUME Customer account or place your order and create your account afterward. Having a Customer account is essential in order to track your orders and ensure their proper delivery. On the dedicated Product page, you will find, among other things :Photos of the prototype, on the basis of which the Product is or will be manufactured.
The technical characteristics of the Product (scale, print, licence, weight, dimensions, etc.).
The delivery time for Pre-ordered Products is indicated in quarters or half-years and does not constitute an essential condition of the purchase/sale contract.
The Products ordered are shipped by TSUME SA via a specialised carrier within thirty (30) days from the date of conclusion of the purchase/sale contract to the address indicated by the Customer.
The Customer has the opportunity to reserve all Products marked "pre-order" before their official release. By placing a pre-order, the Customer indicates their intention to order the Product before it is available. For these Products, the date of availability is indicative only. The quantities available may be modified at any time without prejudice.
.
7 - PRICES
The prices indicated on the website www.tsume-art.com
are in euros excluding taxes.
The regulations regarding
Value Added Tax (VAT) can be found at the link here. ici
For any other taxes, please
inquire with the legislation of your country.
The prices of TSUME SA's suppliers are subject to change. Consequently, the prices indicated on the site may change. They may also be modified in the event of special offers or sales. The applicable price is the one indicated on the site www.tsume-art.com on the date the Order/Pre-order is placed by the Customer. Delivery charges are applicable to the Customer except for private customers residing in France, Belgium, Luxembourg and Germany. Shipping costs are indicated in euros and vary according to the country of delivery chosen by the Customer. In the case of a Pre-order, the delivery costs are communicated as an indication at the time of the Preorder on the website www.tsume-art.com. These costs may vary between the time of the Pre-order and the time of the actual invoicing, which will take place in the month preceding the delivery. The delivery costs may vary in the case of a Pre-order depending on the country of delivery and any changes in the prices charged by the transport company in charge of delivery. Any customs duties or other taxes will be borne by the Customer as provided for in article 12 of these general terms and conditions. In accordance with Article 17.4.b of the amended law of 12 February 1979, the sale of tickets for the Tsume Fan Days or any other event organised in Luxembourg by TSUME SA is subject to the VAT rate in force in the Grand Duchy of Luxembourg on the day of the order.
The prices of TSUME SA's suppliers are subject to change. Consequently, the prices indicated on the site may change. They may also be modified in the event of special offers or sales. The applicable price is the one indicated on the site www.tsume-art.com on the date the Order/Pre-order is placed by the Customer. Delivery charges are applicable to the Customer except for private customers residing in France, Belgium, Luxembourg and Germany. Shipping costs are indicated in euros and vary according to the country of delivery chosen by the Customer. In the case of a Pre-order, the delivery costs are communicated as an indication at the time of the Preorder on the website www.tsume-art.com. These costs may vary between the time of the Pre-order and the time of the actual invoicing, which will take place in the month preceding the delivery. The delivery costs may vary in the case of a Pre-order depending on the country of delivery and any changes in the prices charged by the transport company in charge of delivery. Any customs duties or other taxes will be borne by the Customer as provided for in article 12 of these general terms and conditions. In accordance with Article 17.4.b of the amended law of 12 February 1979, the sale of tickets for the Tsume Fan Days or any other event organised in Luxembourg by TSUME SA is subject to the VAT rate in force in the Grand Duchy of Luxembourg on the day of the order.
8 - PAYMENT TERMSThe Order is payable on the day of
the Order by secure payment, according to the payment methods offered on the
website www.tsume-art.com by paying the amount displayed.Shipping costs are invoiced
separately and are payable by the Customer upon receipt of the invoice for said
shipping costs.TSUME SA may from time to time offer
special payment tenns for pre-orders of certain Products. As soon as new
payment methods are available, they will be described and the general terms and
conditions of sale will be amended.8.1 - Payment in several instalmentsWhen placing a Pre-order, payment in
several instalments will be offered to individual Customers. The first
instalment may never be less than 10% of the total price of the Product,
corresponding to the payment of the Deposit (see Chapter 15 on cancellations).If the payment has been refused by
the payment card issuer, TSUME SA will make a new attempt to debit the amount
within seven (7) days and a payment link will be sent by e-mail to the Customer
for acceptance via their TSUME Customer account. This link will have indefinite
validity. If the Customer does not respond or fails to pay within thirty (30)
days after the payment link is sent, TSUME SA reserves the right to cancel the
Order or Pre-order and to reimburse any instalments already paid to the Customer
by the payment method chosen by TSUME SA while retaining the Deposit.8.2 - "Step by step"
paymentTSUME SA reserves the right to offer
the following payment formula which consists of invoicing in three (3) steps as
follows:- 30% of the price of the Product at the time of the Pre-order.-40% of the price of the Product after official presentation by
TSUME SA of the first finished and packaged Product. An email will be sent to
the Customer to unveil the first finished Product of the chain, through different
possible media, unboxing, video, or a simple photo of the set. 
- 30% of the price of the
Product when TSUME SA requests confirrnation of the address of the Customer for
the delivery of the Product.
Requests for payment of the final
30% deposit to the Customer may vary from one Customer to another depending on
the shipment bursts.
On the first attempt to collect (for
the second and third phase), a payment by instalments or "step by
step", if the payment has been refused by the payment card issuer, TSUME
SA will make a new attempt to collect within seven (7) days and a payment link
will be sent by e-mail to the Customer for acceptance via their TSUME Customer
account. This link will have indefinite validity. Without a response from the
Customer or in the absence of payment within thirty (30) days following the
sending of the said payment link, TSUME SA reserves the right to cancel the
order or pre-order and to reimburse any instalments already paid to the
Customer by the payment method chosen by TSUME SA.
The Customer will be notified by
e-mail and must place a new order. If the Product in question is still
available.
- 30% of the price of the
Product when TSUME SA requests confirrnation of the address of the Customer for
the delivery of the Product.
Requests for payment of the final
30% deposit to the Customer may vary from one Customer to another depending on
the shipment bursts.
On the first attempt to collect (for
the second and third phase), a payment by instalments or "step by
step", if the payment has been refused by the payment card issuer, TSUME
SA will make a new attempt to collect within seven (7) days and a payment link
will be sent by e-mail to the Customer for acceptance via their TSUME Customer
account. This link will have indefinite validity. Without a response from the
Customer or in the absence of payment within thirty (30) days following the
sending of the said payment link, TSUME SA reserves the right to cancel the
order or pre-order and to reimburse any instalments already paid to the
Customer by the payment method chosen by TSUME SA.
The Customer will be notified by
e-mail and must place a new order. If the Product in question is still
available.
9 - AVAILABILITY OF PRODUCTS
The unavailability of a Product is
in principle indicated on the page of the Product concerned. The Customer may
also be informed when a Product is back in stock by TSUME SA.
In any case, if the unavailability
was not indicated at the time of the Order, TSUME SA undertakes to inform the
Customer without delay if the Product is unavailable.
In the event that a Product is
unavailable, TSUME SA may, and if the parties agree, offer an alternative
Product and equivalent price.
If the Customer decides to cancel
the Order due to an unavailable Product, the Customer will be reimbursed for
all sums paid for the unavailable Product at the latest within fourteen (14)
days after confirmation of the cancellation via the support service or via
newsletter.
10 - WAITING LIST
A Customer wishing to acquire a
Product for which all pre-orderable limited-edition copies have already been
sold may register on a waiting list. The Customer can log into their TSUME
customer account and click on the "waiting list" tab on the page of
the desired Product on the website.
The Customer is informed that this
registration on the waiting list does not constitute a Pre-order or an Order
within the meaning of these terms and conditions of sale. In case of
availability of the Product, TSUME SA will contact the Customer previously
registered on the waiting list to inform them of the terms and conditions of
validation of their Pre-order/Order.
TSUME SA reserves the right to put
Products marked "sold-out" back on its website before validating the
waiting lists.
The waiting lists may remain active
or be closed by TSUME SA at any time, with or without prior notification of the
participants.
The terms and conditions and the
payment schedule of the Product may be redefined by TSUME SA.
11 -
DELIVERY TIMES
Delivery times are different for
each Product and vary according to the criteria, constraints and artistic and
technical complexity of production.
The Products covered by an Order are
shipped by TSUME SA to the Customer via a specialised carrier within thirty
(30) days following the date of full receipt of payment for said Order,
provided that the Product is in stock.
The customer is responsible for the choice of the carrier selected at the time of confirming their address before delivery.
As the Products are subject to a Pre-order, the availability date is only indicative. The delivery time may be subject to change, either in the event of force majeure or in order to constantly improve the quality of its Products, particularly in the event of a modification request by the Rights holders on the Product or factory production constraints. TSUME SA shall use all means at its disposal to deliver the Product within a reasonable period of time and undertakes to fully refund the Customer for the Pre-order if the delivery is postponed for a period of more than thirty-six (36) months between the date of the confirmation of the purchase of the Product on the website and the last day of the estimated delivery period
12 - DELIVERY TERMS
12.1 - Packaging :
For security reasons and to protect
the item, the Product may be packaged in several packages.
12.2 - Shipping procedure:
The Products that are included in an
Order are shipped by TSUME SA to the Customer via carrier following the date of
full receipt of payment for said Order.
The Products that are included in a
Pre-order are shipped in successive batches and delivered to the Customer
according to a delivery date that is specified on the website of TSUME SA for
information purposes only, stated in quarters or half-years from the date of
opening of the Pre-order. The Customer will be informed of the actual delivery
date by TSUME SA.
For Products on Pre-order and for which the full payment of the price has been received, TSUME SA sends an email requesting confirmation of the delivery address to the Customer after the quality control validation on the sample of this reference, once the product is in stock.
The Customer will then be invited by e-mail to update their delivery address by logging into their TSUME SA Customer account. The Customer may change the delivery information, namely: the name of the recipient, address, postal code, city and country of delivery, and telephone number. If the country of delivery is changed, said delivery ofthe order will be put on hold so that TSUME SA can, if necessary, update the transport costs according to the new country of delivery indicated by the Customer. Transport costs may be added and charged or deducted and refunded to the Customer. This rule also applies to VAT.
The table below will give the terms of delivery for this range (the conditions defined below will apply to all Products placed on pre-order on I I November 2020 for the HQS & HQS+ ranges):
The Customer will then be invited by e-mail to update their delivery address by logging into their TSUME SA Customer account. The Customer may change the delivery information, namely: the name of the recipient, address, postal code, city and country of delivery, and telephone number. If the country of delivery is changed, said delivery ofthe order will be put on hold so that TSUME SA can, if necessary, update the transport costs according to the new country of delivery indicated by the Customer. Transport costs may be added and charged or deducted and refunded to the Customer. This rule also applies to VAT.
The table below will give the terms of delivery for this range (the conditions defined below will apply to all Products placed on pre-order on I I November 2020 for the HQS & HQS+ ranges):
|
Number of units |
Start of delivery (After
invoice date) |
Extent of delivery time
(The date taken into account is the date of the address confirmation)
.
|
Discount if delivery time
is exceeded
(Refunds will be made by
returning the deposit if the delivery time is exceeded)
Individuals
|
Discount if delivery time
is exceeded
(Refunds will be made by
returning the deposit if the delivery time is exceeded)
Commercial enterprises
|
|
Up To 1600
|
Between 12 and 18 months
after preorder |
6 months |
10 %
|
2%
|
|
From 1601 to 2000
|
Between 13 and 20 months after preorder |
7 months |
10 %
|
2%
|
|
From 2001 to 2500
|
Between 14 and 22 months after preorder |
8 months |
10 %
|
2%
|
|
From 2501 to 3000
|
Between 15 and 24 months after preorder |
9 months |
10 %
|
2%
|
12.3 –
Change of address, relocation orabsence of the
Customer on the day of delivery :
In the event of a change of address, relocation or absence of the Customer during the delivery period, the Customer must absolutely inform TSUME SA in order to avoid additional costs related to numerous returns.
TSUME SA will not be liable after the Product has been shipped ifthe recipient and the shipping address provided by the Customer are those of a third party.
If a Product is returned to TSUME SA due to the Customer's absence during delivery attempts by the carrier, all costs incurred by TSUME SA to return the Product shall be borne by the Customer.
If the Customer has paid the Price in full for the Product(s) concerned but does not receive it/them, TSUME SA will re-deliver it. The Product will be reshipped (via a can•ier appointed by TSUME SA) only after payment by the Customer of the transport invoice issued by TSUME SA for these new delivery costs. If after several attempts, the Product is still not received by the Customer, TSUME SA reserves the right to cancel the Order and refund only the amount of the Order excluding costs and deposit.
For logistical and internal organisational reasons, all Products are shipped via a carrier commissioned by TSUME SA and choosed by the client.
In the event of a change of address, relocation or absence of the Customer during the delivery period, the Customer must absolutely inform TSUME SA in order to avoid additional costs related to numerous returns.
TSUME SA will not be liable after the Product has been shipped ifthe recipient and the shipping address provided by the Customer are those of a third party.
If a Product is returned to TSUME SA due to the Customer's absence during delivery attempts by the carrier, all costs incurred by TSUME SA to return the Product shall be borne by the Customer.
If the Customer has paid the Price in full for the Product(s) concerned but does not receive it/them, TSUME SA will re-deliver it. The Product will be reshipped (via a can•ier appointed by TSUME SA) only after payment by the Customer of the transport invoice issued by TSUME SA for these new delivery costs. If after several attempts, the Product is still not received by the Customer, TSUME SA reserves the right to cancel the Order and refund only the amount of the Order excluding costs and deposit.
For logistical and internal organisational reasons, all Products are shipped via a carrier commissioned by TSUME SA and choosed by the client.
12.4 –Loss. theft, damage of the
package by the carrier:
In the event of a discrepancy on the
tracking number of the Product sent by TSUME SA via carrier; the Customer is
advised to contact TSUME SA on the after-sales support https://www.tsumeart.com/fr/support
via their Customer account.
On delivery to the Customer, the
materials that make up our resin products may vary if they are subject to
temperature variations depending on the season.
It is recommended that the Customer
wait 24 hours (with the Product at room temperature) from receipt of the
Product by the carrier before unpacking it.
In the event of any anomaly
concerning the delivery (damage, missing Product compared to the delivery note,
damaged package, broken Products, deterioration of the outer box and the
packaging carton in front of the carrier, etc.), the Customer must refuse to
take the package from the carrier. No recourse may be made to the After Sales
Service in the event of acceptance of the package on delivery.
12.5 - Payment of taxes/duties:
Orders for Products on the website
of TSUME SA to be delivered outside the European Union may be subject to import
duties and taxes, which are collected when the package arrives at the entry of
the country in question. Any additional customs clearance costs will be borne
by the Customer. TSUME SA has no control over these costs.
By purchasing on TSUME SA's website,
the Customer is considered the official importer and must comply with all laws
and regulations of the country in which they receive the Products. TSUME SA
draws the attention of its international customers to the fact that
cross-border deliveries may be opened and inspected by customs authorities.
If the Customer refuses to pay the
customs/import duties upon delivery of the Product, TSUME SA reserves the right
to consider the Product as abandoned by the Customer. No refund of the Product
or transport costs can be claimed by the Customer and TSUME SA will take back
the property.
13 - LEGAL GUARANTEES
All Customers benefit from the legal guarantee of conformity under the conditions of Articles L.212-3 and following of the Consumer Code and the guarantee of hidden defects under the conditions set out in Articles 1641 of the Civil Code.
13.1- Warranty of conformity
TSUME SA is required to deliver
Products to the Customer that meet the requirements set forth in Articles
L.212-3, L.212-4 and L.212-5 of the Consumer Code concerning the lack of
conformity of the goods.
Article L.212-5 of the Consumer Code
specifies that the Customer must notify TSUME SA of the lack of conformity
within two (2) years from the delivery of the goods.
In accordance with Article 212-6
ofthe Consumer Code, in the event of lack ofconformity, the Customer has the
right, in accordance with the conditions set out in this article, to upgrade
the goods, to a proportional reduction in price, or to rescind the contract.
Regarding the compliance, if the Customer requests that the Product be
repaired, they will be informed that the repair may be refused by TSUME SA
under the conditions provided in Article 212-6 (2) and (3) of the Consumer
Code.
It is specified that this legal
guarantee of conformity applies independently of the commercial guarantee
granted, if any, on the Products.
In its constant quest for
improvement, TSUME SA may adapt certain features and characteristics of the
Product, in its final version, compared to the prototype. Thus, a minor
difference shall not be deemed to constitute a non-conformity.
13.2- Warranty for hidden defects
The seller is bound by the warranty
for hidden defects in the Product sold that render it unfit for the use for
which it was intended, or that diminish this use so much that the Customer
would not have acquired it, or would have given a lower price for it if they
had known about them. (Article 1641 of the Civil Code).
This guarantee allows a Customer who
can prove the existence of a hidden defect to choose between the reimbursement
of the price of the Product, if it is returned, and the reimbursement of part
of its price, if the Product is not returned.
The action resulting from
redhibitory defects must be brought by the Customer within two years of the
discovery of the defect, in accordance with the provisions of Article 1648 of
the Civil Code.
14 - AFTER-SALES SUPPORT
TSUME SA offers its Customers an after-sales support service. TSUME SA after-sales service is available to the Customer 5 days a week from Monday to Friday, from 9 am to 12 pm and from I pm to 6 pm, UTC+I time zone. Any complaint or request for information regarding TSUME, IKI or YOKA by TSUME Products must be made electronically, by creating a ticket via the AFTER-SALES SUPPORT PAGE It is essential that the Customer logs into their TSUME SA customer account before creating a ticket. The request should be completed with clear and precise explanations and possibly attach photos of the Product concerning the points raised in the said request.TSUME SA invites the Customer to inform TSUME SA within 14 days from the date of receipt of the Product, of any defects, breakage, missing parts or deterioration found on the said Product by the Customer. Any request made beyond this 14-day period after receipt of the Product will not fall within the scope of the warranty offered and the possible returns requested by the Customer as well as the transport costs (shipping and after-sales service return) will be charged by TSUME SA.Support from TSUME SA applies only to Customers who purchased their Product directly on the website www.tsume-art.com.Customers who have purchased a TSUME Product from an official Professional reseller, must contact the latter for any support.Each request will be treated individually. The Customer must create a ticket for each claim: I after-sales service ticket = 1 request per Product.The full refund of the part applies if the Customer is still dissatisfied upon receipt of the after-sales service. If the Customer refuses the refund, no other action will be proposed by TSUME SA. The refund will be issued after the verification of the part upon its return to our workshop.Each statue from the TSUME SA brand is unique and handcrafted in limited edition. It is therefore normal that there are variations between the Products (lining, colour, varnish, etc.) if these defects are minor. These points cannot be invoked for any after-sales service after the Customer has received the Product.After-sales service will only repair the Product on the points previously discussed on the after-sales service support.If the Product is too damaged to be restored, TSUME may replace all or part of it, within the limits of the stock of spare parts available.TSUME SA has a stock of spare parts that are produced in limited quantities and not reproduced on request.Returns of Products for after-sales service after fourteen (14) days from receipt by the Customer are generally organised by TSUME SA and are always subject to a prior request from the Customer via the TSUME SA after-sales support.TSUME SA disclaims any liability for any Product returned spontaneously by the Customer to TSUME SA without prior agreement on the After Sales Support. No assumption of responsibility/repair/replacement of the Product will be made and the Customer will have to remove the Product themselves. Storage fees may be charged to the Customer beyond seven (7) days of the Product being held at TSUME SA.In case of return of a Product for paid or free handling by TSUME SA, no customisation by sculpting or painting can be done at the request of the Customer. The Product must correspond to the technical and artistic criteria that were validated by the Rights holders when it was put on sale on the website www.tsume-art.com.Some TSUME SA Products are equipped with an electronic system that is guaranteed for two (2) years.For IKI by TSUME Products, the exchange of size of the same model will be possible subject to available stocks. The cost of returning the new Product will be borne by the Customer. The Customer must duly complete and attach to the returned Product the following form:
French form >
English form > IKI by TSUME products must be returned in their original packaging, in good condition, accompanied by the accessories (certificate of authenticity, IKI cardboard), in order to exchange the size or exercise the right of withdrawal.
TSUME SA offers its Customers an after-sales support service. TSUME SA after-sales service is available to the Customer 5 days a week from Monday to Friday, from 9 am to 12 pm and from I pm to 6 pm, UTC+I time zone. Any complaint or request for information regarding TSUME, IKI or YOKA by TSUME Products must be made electronically, by creating a ticket via the AFTER-SALES SUPPORT PAGE It is essential that the Customer logs into their TSUME SA customer account before creating a ticket. The request should be completed with clear and precise explanations and possibly attach photos of the Product concerning the points raised in the said request.TSUME SA invites the Customer to inform TSUME SA within 14 days from the date of receipt of the Product, of any defects, breakage, missing parts or deterioration found on the said Product by the Customer. Any request made beyond this 14-day period after receipt of the Product will not fall within the scope of the warranty offered and the possible returns requested by the Customer as well as the transport costs (shipping and after-sales service return) will be charged by TSUME SA.Support from TSUME SA applies only to Customers who purchased their Product directly on the website www.tsume-art.com.Customers who have purchased a TSUME Product from an official Professional reseller, must contact the latter for any support.Each request will be treated individually. The Customer must create a ticket for each claim: I after-sales service ticket = 1 request per Product.The full refund of the part applies if the Customer is still dissatisfied upon receipt of the after-sales service. If the Customer refuses the refund, no other action will be proposed by TSUME SA. The refund will be issued after the verification of the part upon its return to our workshop.Each statue from the TSUME SA brand is unique and handcrafted in limited edition. It is therefore normal that there are variations between the Products (lining, colour, varnish, etc.) if these defects are minor. These points cannot be invoked for any after-sales service after the Customer has received the Product.After-sales service will only repair the Product on the points previously discussed on the after-sales service support.If the Product is too damaged to be restored, TSUME may replace all or part of it, within the limits of the stock of spare parts available.TSUME SA has a stock of spare parts that are produced in limited quantities and not reproduced on request.Returns of Products for after-sales service after fourteen (14) days from receipt by the Customer are generally organised by TSUME SA and are always subject to a prior request from the Customer via the TSUME SA after-sales support.TSUME SA disclaims any liability for any Product returned spontaneously by the Customer to TSUME SA without prior agreement on the After Sales Support. No assumption of responsibility/repair/replacement of the Product will be made and the Customer will have to remove the Product themselves. Storage fees may be charged to the Customer beyond seven (7) days of the Product being held at TSUME SA.In case of return of a Product for paid or free handling by TSUME SA, no customisation by sculpting or painting can be done at the request of the Customer. The Product must correspond to the technical and artistic criteria that were validated by the Rights holders when it was put on sale on the website www.tsume-art.com.Some TSUME SA Products are equipped with an electronic system that is guaranteed for two (2) years.For IKI by TSUME Products, the exchange of size of the same model will be possible subject to available stocks. The cost of returning the new Product will be borne by the Customer. The Customer must duly complete and attach to the returned Product the following form:
French form >
English form > IKI by TSUME products must be returned in their original packaging, in good condition, accompanied by the accessories (certificate of authenticity, IKI cardboard), in order to exchange the size or exercise the right of withdrawal.
Items returned incomplete, damaged or soiled by the Customer will not be refunded or exchanged.
15 -
CANCELLATION
The Order or Pre-order may be
cancelled by the Customer as long as the Product has not yet been dispatched.
However, cancellation is not permitted for Products in the M.U.B (My Ultimate
Bust) range that have been personalised by the Customer.
The customer wishing to
cancel their order or pre-order creates a ticket through their Customer account
on the Customer Support
The Price of the Order, less the 10% Deposit, will be refunded via the Customer's original means of payment. If the Customer's credit card expires, the refund can be made by bank transfer or via PayPal. Any financial costs generated by the refund will be borne by the Customer.
16 -
RETENTION OF TITLE CLAUSE
The Products remain the property of
TSUME SA until full payment of the Price.
This retention of title clause does not prevent the transfer to the Customer, upon receipt by the latter, or by a third party designated by them other than the carrier, of the risks of loss or damage of the Products subject to retention of title, as well as the risks of damage they may cause. In this sense, Article 213-4 of the Consumer Code is also applicable.
17 - LIABILITYTSUME SA may not be held liable in
the event of non-performance or improper performance of contractual obligations
attributable to the Customer, particularly when entering the Order.TSUME SA may not be held liable for
any anomaly concerning the delivery (damage, missing Product compared to the
delivery note, damaged package, broken Products, deterioration of the outer box
and the packaging carton during transport, etc.).TSUME SA may not be held liable in
the event that the item delivered does not comply with the legislation of the
country of delivery.Neither party may be held liable if
the non-performance or delay in the performance of any of their obligations, as
described in these general terms and conditions of sale, results from a case of
force majeure. The following are examples of force majeure, without this list
being restrictive:-requests for modifications presented
by the Rights holders, which can exercise a right of return and lead to a
modification of the Product-production delays in the
factories, -delays attributable to transporters,-delays due to hacker attacks,
-delays due to the unavailability of
materials, supplies, spare parts, personal equipment or other items,
-delays in the event of interruption of electronic communication networks...
18 - RIGHT OF WITHDRAWAL
In accordance with the provisions of
Article L.222-9 of the Consumer Code, in the context of contracts concluded at
a distance, "the consumer has a period offourteen calendar days to
withdraw from a remote contract or an off-premises contract without having to
give reasons for their decision and without incurring costs other than those
providedfor in Article L. 222-10'.
The withdrawal period expires after
a period of fourteen (14) days from receipt for goods or acceptance of the
offer for after-sales services.
The Customer is aware that the
Products of the various resin ranges produced by TSUME SA, are handmade with a
unique numbering and or certification, that these Products are fragile, under
seal and that they may deteriorate following various forms of handling. As soon
as the Products registered under the following customs code 39264000 are
opened, the article of the law L-222-9.(7).(d) http://legilux.public.lu/eWetat/leg/loi/2014/04/02/n3/jo
applies to all these ranges.
However, TSUME SA undertakes to
discuss the matter with the dissatisfied Customer and to find a solution if the
latter undertakes to pay the following fees:
• Management fees;
• Costs related to the
re-packaging and check of the Product;
• Transport costs.
In the case of the receipt of
multiple Products ordered by the Customer in a single order and delivered
separately, the withdrawal period will run from the day on which the Customer
or a third party other than the carrier and designated by the Customer takes
physical possession of the last item.
In the case of the delivery of a
Product consisting of multiple batches or parts, the aforementioned period will
run from the day on which the Customer or a third party other than the carrier
and designated by the Customer takes physical possession ofthe last batch or
the last part.
The right of withdrawal is excluded
in particular in the cases listed in Article 222-9 of the Consumer Code and in
particular:
• the supply of Products made to the Customer's specifications or
clearly personalised such as, in particular, the Products in the
"M.U.B" (My Ultimate Bust) range. Only for M.U.B.s that can be
personalised. M.U.B.s that cannot be personalised will be subject to the same
conditions as the Products in the Ultra HQS, HQS and HQS Dioramax range;
• the supply of Products that are likely to
deteriorate or expire rapidly;
• the supply of sealed Products that cannot be
returned for reasons of health protection or hygiene and which have been
unsealed by the Customer after delivery, such as IKI by Tsume Products.
Customers wishing to avail themselves of
the aforementioned right of withdrawal must infom TSUME SA, before the expiry
of the withdrawal period, of their decision to withdraw from the contract. To
do so, the Customer may:
a)
use the model withdrawal
form set out in a grand-ducal regulation; or
b)
make another unambiguous
statement of their decision to withdraw from the contract, which must be sent
to the registered office of TSUME SA by registered mail.
c) give notice of their right
of withdrawal by creating a ticket via their Customer account on the After sales service support In these cases, an
acknowledgement of receipt of the withdrawal will be sent to you.
In accordance with the provisions of
Article L.222-10 of the Consumer Code, the Customer must return the goods to
the registered office of TSUME SA within fourteen (14) days of communicating
their decision to withdraw.
Products must be returned in their
original condition and complete (packaging, accessories, instructions etc.) so
that they can be remarketed in new condition. The Customer will be held liable
if they handle the Product in a manner other than that which is necessary.
Such handling includes, in particular,
failure to comply with the repacking instructions (incorrect placement of the
elements/parts in the polyform, incorrect wedging of the foams in the polyform,
incorrect nesting of the polyforms before placing them in the box).
TSUME SA is not responsible for any
loss, theft or breakage by the carrier.
If the Customer's credit card
expires, the Customer will have to provide new credit card information so that
the refund can be processed. TSUME SA will defer the refund until it is
received and checked.
the supply of Products that are likely to
deteriorate or expire rapidly;
• the supply of sealed Products that cannot be
returned for reasons of health protection or hygiene and which have been
unsealed by the Customer after delivery, such as IKI by Tsume Products.
Customers wishing to avail themselves of
the aforementioned right of withdrawal must infom TSUME SA, before the expiry
of the withdrawal period, of their decision to withdraw from the contract. To
do so, the Customer may:
a)
use the model withdrawal
form set out in a grand-ducal regulation; or
b)
make another unambiguous
statement of their decision to withdraw from the contract, which must be sent
to the registered office of TSUME SA by registered mail.
c) give notice of their right
of withdrawal by creating a ticket via their Customer account on the After sales service support In these cases, an
acknowledgement of receipt of the withdrawal will be sent to you.
In accordance with the provisions of
Article L.222-10 of the Consumer Code, the Customer must return the goods to
the registered office of TSUME SA within fourteen (14) days of communicating
their decision to withdraw.
Products must be returned in their
original condition and complete (packaging, accessories, instructions etc.) so
that they can be remarketed in new condition. The Customer will be held liable
if they handle the Product in a manner other than that which is necessary.
Such handling includes, in particular,
failure to comply with the repacking instructions (incorrect placement of the
elements/parts in the polyform, incorrect wedging of the foams in the polyform,
incorrect nesting of the polyforms before placing them in the box).
TSUME SA is not responsible for any
loss, theft or breakage by the carrier.
If the Customer's credit card
expires, the Customer will have to provide new credit card information so that
the refund can be processed. TSUME SA will defer the refund until it is
received and checked.
.
19 - OUT-OF-COURT SETTLEMENT
In the event of a disagreement,
TSUME SA and the Customer will try to resolve it amicably, in particular by
recourse to the national consumer ombudsman service.
The European Commission also
provides an online platform for dispute resolution which you can access here: https://ec.europa.eu/consumers/odr/.
If the disagreement persists, the parties may bring the matter before the competent courts.
20 -
DISPUTE AND APPLICABLE LAW
Any dispute relating to the
interpretation and execution of these general terms and conditions of sale is
subject to Luxembourg law.
The courts of Luxembourg, Grand Duchy of Luxembourg, will have jurisdiction for any dispute that may arise between the Customer and TSUME SA regarding the general terms and conditions of sale.
21 -
PROTECTION OF PERSONAL DATA
The Customer agrees to TSUME SA
processing, collecting and using their personal information excluding financial
information.
TSUME SA is the data controller and
will process personal data in accordance with applicable laws and regulations.
The collection of this information
is necessary for the processing of Orders, payments and the smooth running of
the commercial relationship between TSUME SA and the Customer. These data are
not disclosed to third parties.
The data collected are exclusively
used to process the orders placed by the Customer. The Customer's data are
confidential and are processed exclusively by TSUME SA and the service
providers of TSUME SA involved in the Pre-order process for the needs of the
contract, its execution and in compliance with the law.
The Customer may, at any
time, have a right of access, modification, rectification and
deletion/limitation of the data concerning them. In order to have these rights
respectively to request that personal data are no longer collected, processed
or used for the purposes listed above, or to request the rectification of their
data, the Customer must contact TSUME SA by creating a ticket via the support (it is essential that the
Customer logs in to their TSUME Customer account before creating a ticket).
22 -
NULLITY
In the event of the nullity of a
clause of these general terms and conditions of sale, this does not
automatically entail the nullity of all the clauses contained in the general
terms and conditions of sale, which continue to produce their full effects.
23 - REGISTERED TRADEMARKS OR
PROPERTY
TSUME, IKI by TSUME, YOKA by TSUME,
TSUME Store and the TSUME logo are trademarks and registered elements. Any use
of any of the above-mentioned trademarks or elements for commercial or
speculative purposes without the prior consent of TSUME SA or for illegal,
obscene, abusive, threatening, defamatory, slanderous or offensive purposes
against TSUME SA is therefore prohibited and may result in legal action.
24 - COOKIES
In accordance with the applicable
data protection legislation, we hereby inform you that we use cookies. By using
our website, you agree to our use of cookies for the purposes set out in the
Cookie Statement available on the website www.tsume-art.com.