This translation is provided for your convenience only and TSUME SA shall not be held responsible; The French version of the conditions of sale prevails over the English version.
Welcome to TSUME ART.COM !
TSUME SA designs, develops and commercialises collectible statues, figurines, board games and ready-to-wear (garments) inspired by the official licences, as well as selling its own showcases.
Summary of the current conditions and terms of sale:
3- Subject and general dispositions
4- Amendments of our terms of sales and the modifications will be applied
5- Details on products
6- Pre-order / Order
8- Ways and means of payments
9- Availability of our products
10- Waiting list
11- Delivery date
12- Methods of delivery
14- After Sales Support
16- Property rights
18- Right of withdrawal
19- Out-of-court settlement/resolution
20- Litigation and applicable duty
22- Protection of personal data
23- Registered trademarks or Copyrights
1- DEFINITIONS :
Deposit: amount of money paid in advance by the customer once the cart has been confirmed and the first payment has been made. Deposit applies on pre-order items and on in-stock items. Its value represents 10% of the price of the product (-all taxes included) and is retained by Tsume SA in case of a cancellation requested by the customer, concerning one order (or more) or one pre-order (or more).
Right-owner: Company that possesses the rights of a given intellectual property.
Technical features of a product: set of data defining a product that includes, but doesn't limit itself to, the dimensions, weight and used materials.
Customer: designates the contractual partner of Tsume.
Consumer: any physical person who purchases goods and services for personal use.
Order: purchase of any in-stock product that has been paid cash by the customer on the website of Tsume SA.
Opening date of Pre orders: date from which the customer has a right to book a pre-order concerning a product when it is currently being produced and which is not yet available in our stocks.
Pre-order: specific order that can be made directly on the website tsume-art.com, referring to products that are to be made (or are currently being made) and therefore not available in our stocks, by means of firm reservation, and which is meant to be paid in its totality, according to the modalities of payment chosen by the customer.
Price: fixed price by Tsume SA on the products that can be checked directly on the website tsume-art.com at the time of the conclusion of the sale contract and need to be paid entirely by the customer if this latter desires to acquire the goods.
2- IDENTIFICATION :
Head Office: Bâtiment TRACOL IMMOBILIER, Zone Industrielle Rolach, L-5280 SANDWEILER, Luxembourg
RCS (Registered Company) Luxembourg : B.0151925
VAT Number : LU24084006
Phone Number : + 352 20 21 14 30
3- SUBJECT AND GENERAL DISPOSITIONS :
The current Terms of Sale apply to any purchase made to Tsume SA by a customer.
The current Terms of Sale apply in case of a sale made on the website tsume-art.com as well as the sales made by TSUME SA during external conventions or events.
At the time of placing the order or pre-order, the consumer understands and admits having taken knowledge of the current terms and conditions of sales that do not require any handwritten signature.
Placing an order or a pre-order on the website Tsume-art.com, or during a convention, the customer understands and agrees to the current conditions and terms of sales and is fully aware of the terms without any reservation or condition.
The consumer shall be deemed to have agreed, without reservation, to the totality of the provisions linked to our terms and conditions of sales.
No general or specific condition present in the documents sent or handled by the consumer will be integrated to the current conditions, when these documents would not be in line with the current general conditions.
The customer recognizes that he has benefited from the necessary pieces of advice and information in order to ensure the perfect balance between the offer and his needs. Therefore, the customer declares being lawfully contracted, under the rights established by Luxembourg, or being represented by a third party on behalf of whom he pledges to. Unless the contrary is proved, the date registered by Tsume SA will be the proof of the totality of the transactions.
4- AMENDMENTS OF OUR TERMS OF SALES AND WHEN IT WILL BE APPLIED :
The mere fact TSUME SA doesn’t prevail itself, at any time, of the current general conditions cannot be interpreted as a wish of waiver from TSUME SA against any of the said conditions.
TSUME SA reserves itself the right to modify at any given time the general terms and conditions of sale which are in force, without notice, that will be expanded to the fact that such modifications will not affect the services that have already been acquired by the customer.
The customer is subject to the current conditions and terms of sales as soon as he places an order on the website Tsume-art.com, except if a change of these current conditions and terms of sales is required by an administrative or a government authority.
If one of the clauses of these current conditions of sales is held to be invalid, null or declared inapplicable, and for any cause, this clause shall be deemed separable and shall not affect the authenticity and effectiveness of the other dispositions and clauses of the current conditions of sales.
The current terms of sales have been updated at the date of the 23rd of November 2018; the old version can be consulted here
5- DETAILS ON PRODUCTS :
Products for sale available to purchase are the ones present on the website of TSUME SA (products sold by TSUME SA during conventions or events are included), within the limits of available stocks.
For any product on sale on its website, TSUME SA offers its customers a detailed summary of the main characteristics on the nominated products. This summary also contains the price of the products in euros, as well as, where appropriate, the shipping costs.
Descriptions, details and pictures showing figurines, statues, board games and ready-to-wear articles are a most accurate depiction, but they are solely communicated for illustrative purposes and have therefore no contractual value.
Products are subject to the approval and validation of the right owners, whom may apply a right of return and thus generate a modification on the said product.
Seeking for a constant amelioration of the quality of its products, TSUME SA may modify the characteristics of its products. The product may be subject to modifications depending on the steps of production which is currently in. Thus, for quality purpose, or in case of a request from the right owners on the said product, the estimated dates may be postponed.
TSUME SA offers for sale the following products:
- Statues / Figurines
Each statue or figure is unique, and hand-made.
All these products are collectible statues or figurines under official licenses, these are not toys and are meant for people over 14 (fourteen) years old.
Brown boxes, used to protect the inner box, are not collectibles. Their only purpose is to protect both the parcel and product and are numbered only for logistics purposes.
Figurines or statues of the brand TSUME SA contain 6 ranges:
SC (Standing Character): figurines at a scale of 1:12 are made of PVC and ABS and delivered in a window box.
XTRA: figurines at a scale of 1:8 to 1:10 are made of PVC and ABS and delivered in a window box.
HQF (High Quality Figure): figurines at a scale of 1:6 to 1:8 are made of PVC and ABS and delivered in a window box.
HQS (High Quality Statue): statues produced in very limited number, each one of them possesses an identification number. They are traditionally made at a scale of 1:6 to 1:8, and they generally include a character and a setting with complexity. Mainly built around a resin base, some other materials (such as metal, ABS, …) may be added for technical reasons. A LED system or a sound system might be integrated running on power supply or powered by batteries.
HQS+ (High Quality Statue): statues produced in very limited number, each one of them possesses an identification number. They are traditionally made at a scale of 1:4, 1:5 and 1:6. Mainly built around a resin base, some other materials (such as metal, ABS, …) may be added for technical reasons. A LED system or a sound system might be integrated running on power supply or powered by batteries.
MUB (My Ultimate Bust): High Quality Bust at the scale of 1:1, mainly built around a resin base, some other materials (such as glass, fibre, wood …) may be added in a constant care of an optimal render. There might also be some elements that could be customized. Busts are hand-painted and shipped with a customized certificate of authenticity.
-Enzan By Tsume (Showcases for household use)
Enzan is a line of showcases made of PVC or ABS and equipped with 4 (four) glass panels, meant to display the products of TSUME in selected range.
-Yoka By Tsume (Board games)
Yoka By Tsume offers board games from official Licenses that are known around the entertainment world, but also from original works.
-IKI By Tsume – Ready-to-wear articles
IKI By Tsume offers several lines of garments from official Licenses, in limited numbers and dedicated to a major clientele.
Iki by Tsume products are made with quality fabric.
6- PRE-ORDER / ORDER :
The customer wishing to buy a product TSUME, IKI or Yoka by Tsume can place and save his order or pre-order on the website www.tusme-art.com as follows:
Log into his personal Tsume account or create one. (Having a Tsume account is mandatory if the customer wishes to purchase on the TSUME SA website)
Select the product the customer wishes to purchase before being redirected on the selected product webpage where he could find:
Not contractual pictures of the prototype, on which the production line will be based on.
Technical characteristics (scale, limited edition, license, weight, dimensions…)
Estimated shipping time (only for the products that are shown with the mention pre-order), expressed in quarter or semester, is not interpreted as a main or essential condition of sale.
Purchased products under the mention of “order” are shipped by TSUME SA to the customer with specialized carriers within 30 working days, following the date of the conclusion of the sales contract.
As for the products under the mention “pre-order”, the customer has the opportunity to book them before their official release. By placing a pre-order, the customer marks his intention to order the product before it becomes available. For these products, the availability date has only an approximate or guide value. The available quantities may be modified at any time, without prejudice.
2bis – Choice of size for the articles related to the Iki brand by Tsume
Adding the product to the cart (in order to prevent any kind of speculation and to allow the maximum of people to order a limited product, TSUME SA restricts the purchase to only one unit per person and per order or pre-order for TSUME SA ranges HQS and HQS+)
Confirming an order or a pre-order: being redirected on a summary page concerning the selected products, the customer will have to confirm his cart and his personal details such as billing address, shipping address, phone number...
Choosing the methods of payment: any order implies a deposit corresponding to 10% of the price of the product -all taxes included.
Clicking on the “confirm and pay” button, only visible and available once the customer approves to have taken knowledge of the terms and conditions of sales.
Filling up the financial information and confirm the payment before being redirected to an acknowledgements page.
Receiving a confirmation of order by email on the attached email address linked to the customer’s Tsume account.
The sale is considered concluded once the order has been confirmed by TSUME SA.
In case of a stock shortage, the TSUME SA company will advise the customer as quickly as possible, in which case, the order will be automatically cancelled, and any sum of money paid regarding this order will be fully refunded.
TSUME SA reserves itself the right to refuse or cancel any new order from a customer in case his purchase history contains unpaid invoices or in case of insolvency.
The customer receives an e-mail regarding the confirmation of his delivery address once the production in factory is near its end (the order is nominative and personal; therefore, it cannot be transferred on another account).
For logistic reasons, the customer cannot under no circumstances assign his order to a third party before receiving it.
7- PRICE :
Indicated prices on the website Tsume-art.com are shown in euros, all taxes included (Luxembourg VAT and other applicable taxes).
TSUME SA suppliers’ prices may be subject to changes. Consequently, indicated prices on the website may also be subject to changes or modified during special offers or sales. Indicated prices are applicable and valid, unless this is due to our own mistake. The valid price is the one mentioned on the website at the date the customer placed the order.
The export sales, prices and shipping costs are net prices excluding taxes.
Shipping costs could be applied on certain ranges of voluminous products or in case of an order or pre-order that gathers several products meant to be shipped or an order/pre-order inferior to 50 (fifty) euros, all taxes included.
Shipping costs are expressed in euros and may vary according to the chosen country for delivery by the customer.
For preorders, shipping costs will be solely communicated by Tsume for information purposes. These costs may vary between the date the customer places the pre order and the date Tsume invoices them, the latter occurring one month just before the delivery. The cost variation for shipping will be related to the country designated by the customer and to the eventual changes of prices by the shipping society in charge of the delivery.
Any customs fee or any other form of taxes will be charged to the customer as mentioned by the article 12 of the current conditions and terms of sales.
According to the article 17.4b on the modified law of the 12 (twelve) of February 1979, the sale of tickets for the Tsume Fan Days or for any other events organized in Luxembourg by TSUME SA is subjected to the VAT in force of the Grand Duchy of Luxembourg at the date of the order.
8- WAYS AND MEANS OF PAYMENTS :
The order has to be fully paid on the day the customer places it, by secured methods of payments, according to the modalities of payment proposed by the website of TSUME SA.
Shipping costs, which vary depending on the country the customer has selected, will lead to a separate invoice. The customer will have to pay them as soon as he receives the separate invoice for shipping, which will be sent to him the month preceding the delivery. The invoice has to be paid according to the payment methods TSUME SA has defined on its website.
Above 180 euros regarding a purchase, TSUME SA offers the customer the possibility to pay the due sum in several instalments, which number is to be defined by TSUME SA according to the sale price of the products. Instalments will be withdrawn each month at the same date. The first instalment will have to cover the totality of the deposit (10% of the price of the product -all taxes included) in case of withdrawal by the customer.
TSUME SA will be able to propose special payment modalities for the pre-orders of some of its products corresponding to the ranges of HQS, HQS+ and MUB:
A 5% discount directly deducted from the total price of the product in case the customer decides to pay in full
A step-by-step payment formula which consists in invoicing 30%, 40% and 30% of the total price of the product following these steps:
30% of the product price to be paid at the time of the pre-order
40% of the product price to be paid after TSUME SA will officially present the first manufactured and finished product from the factory and already conditioned. An email will be sent to the customer to show him the first finished product of the factory, through various medias, or unboxing videos or pictures.
30% of the product price to be paid during the confirmation of delivery address asked to the customer by TSUME SA in order to set up the shipping.
Attention: the request for the last 30% may vary from one customer to another according to the received number of shipping containers.
9- AVAILABILITY OF OUR PRODUCTS :
The non-availability of a product is mentioned in principle on the page of the concerned product. The customer may also be informed by TSUME SA regarding a restock of a product.
At all events, if the non-availability of a product has not been announced at the time of the order, TSUME SA commits to informing the customer without delay if the product is not available.
In the event that a product is unavailable, TSUME SA may, and if both parts agree, propose an alternative product of equal price and quality.
If the customer decides to cancel his order of a non-available product, he will obtain the refund of the total of the invested sums for this same non-available product within 30 (thirty) working days starting from the day he received the information of the non-availability of the said product.
10- WAITING LIST :
The customer whom wishes to acquire a product from the range HQS or HQS+, and whose all numbered units put in pre-order have already been sold, may subscribe on a waiting list. He could log into his Tsume account and click on the mention “waiting list” that can be found on the product’s webpage present on our website Tsume-art.com.
This registration may not end up on a pre-order or order. The customer’s entry on the waiting list may only succeed in a pre-order or an order if another customer decides to cancel his current pre-order or if TSUME SA has to cancel orders due to unpaid invoices.
Waiting lists can stay active or be closed by TSUME SA at any moment, regardless of a notification to the registered customers on the concerned list.
In case of non-availability of the product, TSUME SA will contact the registered customer in order to inform him about the modalities of confirmation of his pre-order or order.
Modalities of payment, as well as the number of instalments, of a product may be redefined by TSUME SA.
11- DELIVERY DATE :
Estimated shipping time is different for each product and varies according to criteria, constraints and the artistic complexity and production techniques.
Products subject to an order are shipped by TSUME SA to the customer through specialized carriers within 30 working days, following the date of the conclusion of the sales contract.
The date of the conclusion of the sales contract is the date which TSUME SA confirms receipt of the order. Indicated delay for the current order and shipping only starts from this date.
For any product marked as pre-order, the availability date is only indicative.
The delivery period may be subjected to modifications, either by a force majeure event occurring, or in case of improvement regarding the quality of its products, particularly in case of a request coming from the right owners on the said product or in case of some other constraint from the factory.
TSUME SA will deploy all the possible means within its range in order to deliver the product in a reasonable delivery period and commits to the full refund of the customer’s pre-order in case of a report on delivery exceeding a period of 36 months between the date of the pre-order of the concerned product and the last day of the modified delivery period.
12- METHODS OF DELIVERY :
12.1- Packaging :
For the safety of the piece and its protection, the piece might be wrapped into several parcels.
12.2- Shipping procedure :
Products concerned by a pre-order are shipped through successive batches and delivered to the customer following a delivery date which is specified on the website of TSUME SA, and which is only used for information purposes, expressed in quarter or semester from the starting date of the pre-order. The customer is informed of the actual delivery by TSUME SA.
Regarding the products which are in pre-order and for which the full payment has been received, TSUME SA sends an e-mail asking for a delivery address confirmation of to the customer a few weeks before the beginning of the shipping.
The customer is therefore invited by e-mail to update his delivery address or to confirm the details he had entered during the pre-order by logging into his Tsume account. The customer will be able to modify the following details: name of receiver, delivery address, zip code, city, country of shipping, phone number. In case of a change of delivery country, if needed, taking into account the updated shipping costs list of the new country chosen by the customer, new shipping costs might be invoiced or refunded to the customer (the said shipping will be put in hold by TSUME SA until the resolution of the case).
According to the value and the weight of some products, only the pre-orders which the delivery address would have been confirmed and accepted will be shipped.
The product is shipped to the customer through one of the logistic sites of TSUME SA located in Europe or Asia.
Tsume SA entrusts the product to a specialized carrier that is appointed for the delivery. The customer receives an e-mail (from the carrier or TSUME SA, a shipping notification regarding his product mentioning the date it has been handled by the carrier, the name of the carrier and a tracking number referring to the shipping).
Due to the volume of some of the products, TSUME SA reserves itself the right to charge the customer for any storage costs in case the customer has not confirmed yet his delivery address within a period of 30 days, starting at the reception of the product on the logistics site of TSUME SA.
12.3- Change of delivery address, business trip or customer’s absence at the delivery date :
In case of a change of address, a business trip or a customer’s absence during the period the delivery has been planned, the customer will have to inform immediately TSUME SA in order to prevent paying additional fees related to several back and forth shipping.
Each pre-order is nominative and personal. Transfer of pre-order to a third party through TSUME SA’s delivery system is prohibited, until the reception of the pre-order at home by the customer. TSUME SA cannot be hold responsible, after the product is shipped to the confirmed delivery address, if the receiver and the shipping delivery address given by the customer are details from a third party.
In case a product is returned to TSUME SA due to a customer’s absence while the carrier has attempted to deliver the product several times, return costs will be charged to the customer.
Moreover, the product will only be sent back again to the customer (through a carrier TSUME SA will appoint) once the payment for the new return costs invoice, and emitted by TSUME SA, has been done.
For logistic reasons and internal organization matters, all the products are shipped via a carrier appointed by TSUME SA. The customer cannot organize himself the pickup of his orders/pre-orders at TSUME SA.
However, some exceptional cases (such as a statue that would be in repairs at TSUME SA or very sensitive products) might be hand-delivered during events or conventions or at TSUME SA’s head quarter directly. In this case, the customer will have to sign a delivery slip certifying of the hand-delivery of the product in a given location on which the date of delivery will also be mentioned by TSUME SA.
12.4- Loss, robbery or deterioration of the parcel by the carrier :
In case of an anomaly about the tracking number of the sent product given by TSUME SA through a carrier, the customer is invited to contact TSUME SA on its support platform at https://www.tsume-art.com/en/support, without forgetting to log into his account first.
During the delivery and once the parcel arrives to the customer’s location, our materials that were used in our products for the HQS and HQS+ range might undergo some changes according to the variation of temperature that can be the source for the dilatation of some of these materials.
It is highly recommended to wait for a period of 24 hours (at a room temperature), once the parcel arrives at the customer’s place, before opening it.
In case of an anomaly occurred on the delivery (damage, missing product according to the delivery note, broken parts, deterioration of the brown box or of the inner box once the delivery man handles the parcel to the customer…), the customer has the right to refuse the parcel through the carrier. In case the customer does accept the parcel in the state he has himself identified with the carrier, no possible appeal will be accepted by the TSUME support service.
12.5- Payment of taxes and entrance fees :
Ordered products on the TSUME SA website that will be shipped outside the European Union might be subjected to export taxes, that will be asked and fined at the arrival of the parcel in the given country. The customer must assume the customs fees. TSUME SA has no power or control over any additional customs fees that the customer will encounter during the delivery of the order to his country.
By purchasing on the TSUME SA website, the customer is considered as the official importer and has to respect all the laws and regulations of the country in which he has decided to have his products shipped to. For international customers, TSUME SA raises awareness on the fact that cross-frontier deliveries are likely to be opened and investigated by the customs authorities.
If a customer decides to refuse to pay the customs fees when TSUME SA tries to deliver his order, TSUME SA reserves itself the right to consider the product as abandoned by the customer. In this case, no refund regarding the product or shipping fees could be asked by the customer and TSUME SA will regain the property of the products.
13- WARRANTY :
Any of our customers are covered by a legal warranty of conformity as stipulated in the sections of the articles L.212-3 and following the Consumer Code and the guarantee of hidden defects described on the fixed conditions linked to the articles 1641 of the Civil Code.
13.1- Warranty of conformity
According to the Article L.212-3 of the Consumer Code : “The trader shall deliver the goods in conformity and respond to any conformity defects when the goods are delivered, even if these defects were unknown of the trader.
The trader has to respond to conformity defects as a result of the packaging, assembly instructions or installation when the contract states that the trader shall take it in charge or has been done under the professional’s responsibility.
Without prejudice to Article L.111-1, the professional is bound by the public pronouncements coming from the trader or his representant unless he demonstrates the fact he was not, and could not reasonably have been, aware of the statement in question;
According to the Article L.212-4 of the Consumer Code :
To be compliant with the Contract, the good has to, depending on the case:
According to the Article L.212-5 of the Consumer Code :
“(1)In case of conformity defect, the consumer can return the good and obtain a refund of the invested price or keep the good and asked to have a part of the price refunded. However, it is not justified to request for the cancellation of sale or the reduction of the price if the professional proceeds to the replacement or repair of the piece. The resolution of the sale cannot be pronounced if the conformity defect is minor.
(2) Instead of applying the option presented in paragraph (1), the consumer, if it is not impossible or disproportionate, has the right to require the professional to ensure the conformity of the good. He has the choice between having his good repaired or replaced, unless one of these options, to one another, leads to a work overload for the professional.
A remedy may be considered as disproportionate if the professional is subject to costs which, compared to another option, are extravagant compared to:
Thus, the fact of ensuring the conformity of the good has to be done from the day, in the same month, the customer requested it. Once this delay is over, the consumer can return the good and obtain a refund of the invested price or keep the good and asked to have a part of the price refunded.
The fact of ensuring the conformity of the good will be done without any fee or major inconvenient for the consumer, according to the nature of the good and the special purpose the consumer may have for it.
Furthermore, the trader is liable for all the damages and costs that may apply to the customer.”
The Article L212.6 of the Consumer Code specifies that the consumer has to denounce to TSUME SA the lack of conformity within two years, starting at the date he receives the product at his location.
It is specified that the current and legal warranty of conformity applies independently of the commercial authorized warranty present on the products.
The customer is well advised of the fact that the pictures of the prototype on the TSUME SA website aims to promote the product on the said website, and is promoted to allow the customer, informed of this fact, to place orders or pre-orders. Thus, the customer expressly approves, with the terms and conditions of sales, the fact that the prototype promoted by pictures doesn’t identify to the product as such and has no contractual value. The description of the product, its features, and the pictures that represent it are as close as possible to the (final) product and are provided for illustrative purposes. Constantly concerned by improving the quality and perfecting his works, TSUME SA may be conducted to adapt some aspects and features of the product, at its final stage, in relation to the prototype. Thus, a minor difference could not be considered, in any manner, as being constitutive of a non-conformity.
14- AFTER SALES SUPPORT :
Except the legal warranties, TSUME SA offers his customers a support service platform. The TSUME SA After Sales can be contacted 5 days out of 7, from Monday to Friday, and from 9 AM to noon, and 1pm to 6 pm, UTC+1.
Any claim or information regarding the products TSUME, IKI, YOKA by Tsume has to be formulated by electronic media, and by creating a ticket through the After Sales’ webpage: https://www.tsume-art.com/fr/support. It is mandatory that the customer has to be logged into his Tsume account to create a ticket. He will be asked to fill in the request using clear and precise indications, with the possibly of adding pictures of the concerned product so that our support can clearly identify his issue.
TSUME SA invites the customer to inform it, within 14 days following the date the customer receives his goods, of potential defects, breakage, missing parts or deterioration of the good. Any request made after this period of time (thus 14 days after receiving the product), will not benefit from the warranty and the potential procedures of return asked by the customer as well as the shipping costs (return trip from Luxembourg to the customer’s location) that will have to be fined by TSUME SA.
Customers management will only be applied by the TSUME After Sales Department to the customers that bought a product on the TSUME SA website. The customer will have to log into his Tsume account and open up a ticket on the After Sales platform.
Customers whom bought a product from a professional and official reseller, and only if the price of the piece (shipping costs put aside) matches the official price present on the TSUME SA website, will have to address their request directly to their reseller whom will be in charge of taking care of the case.
Each request will be individually treated. That is to say that the customer will have to open one ticket per request: 1 support ticket = one request per product.
Each statue or figurine issued from the brand TSUME SA is unique, handmade and in limited number. Therefore, it is likely to have some variations among the products (lining, colours, varnish…). These aspects could not be mentioned for any support request after receiving the product at the customer’s location.
The photographed prototype that is shown on the website of TSUME SA doesn’t identify to the product as such and has no contractual value. The description of the prototype, its features and the pictures that promote it are as close as possible to the product and are provided for illustrative purposes.
The After Sales Service will intervene on the rehabilitation of the product, only on the points previously enlightened on the support platform by the customer and under the reservation of the necessity of the said intervention being justified once the product has been returned and submitted to the analysis of the After Sales’ artists.
If the product is judged to be too damaged for being restored, TSUME could change the whole piece or part of it, according to the stock limits of the available spare parts.
The After Sales Service has a stock of spare parts produced in a limited quantity, and that cannot be reproduced on request.
The returned products that have been taken into charge by the After Sales Service, and thus recognized as pieces that needed to be returned (without exceeding the warranty of 14 days previously mentioned), are generally organized by TSUME SA and will always be the subject of an application from the customer made on the TSUME SA support platform.
TSUME SA is not responsible in the case the product is freely returned by the customer to TSUME SA without any agreement stated on the After Sales platform. No treatment or form of reparation will be done for the product and the customer will have to organize by his own means the pickup of the parcel. Also, storage fees may be fined to the customer if the parcel is stored for more than 7 days at TSUME SA facilities.
In case of a return that has been accepted and organized by the TSUME SA After Sales, or repairs that have been invoiced to the customer, no personalization on sculpture or painting will be made to the customer’s request. The product will have to respect the technical and artistic criteria that have been confirmed and validated by the Right Owners during the time of the pre-order on the TSUME SA website.
Some TSUME SA products are equipped with an electronic system that is under warranty for 2 years. TSUME SA doesn’t take in charge the replacement of consumable equipment included and delivered with the product (LED, battery…).
Requests of repairs or rehabilitation of second-hand products will firstly be subjected to a quote, and then will be invoiced if the customer agrees on the quote. This kind of returns will not have priority on the returns that are under the 14 days warranty and might take more time than usual returns.
For any return on an IKI By Tsume’s product, the customer will have to fill out a form and attached it the ticket:
15- CANCELLATION :
The order or pre-order may be cancelled by the customer as long as the said product has not already been shipped. The act of cancelling an order or pre-order shall not be accepted for the line MUB (My Ultimate Bust) as it concerned a customized making asked by the customer and whose settings have been set by the said customer.
Put aside the products of the M.U.B (My Ultimate Bust) range, the customer whom requires to cancel his order/pre-order is asked to open a ticket, on his Tsume account, through the support platform that can be reached at https://www.tsume-art.com/fr/support and by choosing the category “cancelling an order”.
Deposit, referring to 10% of the price of the product -all taxes included, will not be refunded.
The price of the order or pre-order, once the deposit has been deducted, will be refunded through the same means of payment the customer used initially at the time of the order or pre-order. In case this means of payment has expired or is, for any other reason, no more valid, the refund can be done via Paypal or wire transfer. Any extra financial fee generated by the refund shall be charged to the customer.
16- PROPERTY RIGHTS :
The products remain the property of TSUME SA until the complete payment of the mentioned price of the order/pre-order. The reservation clause will not disturb the transfer to the customer, at the time he receives it, or by a third designated person other than the carrier, regarding the loss or damage risks of the products subject to the right of ownership, as well as the damage risks it can cause.
17- RESPONSIBILITY :
TSUME SA’s responsibility cannot be engaged in case of a breach of the customer’s contractual obligations, in particular during the order entry.
TSUME SA’s responsibility cannot be engaged in case of an anomaly concerning the delivery (damage, missing product according to the delivery note, broken parts, deterioration of the brown box or of the inner box once the delivery man handles the parcel to the customer…).
TSUME SA’s responsibility cannot be engaged if the delivered goods shall not respect the legislation of the country chosen for delivery.
The pictures of the prototype presented on the webpage of TSUME SA’s website have no contractual value.
TSUME SA’s responsibility cannot be engaged in case of minor differences between the pictures and texts used for the prototype that are shown on the website.
TSUME SA disclaims any responsibility for any delay, if the cause of the delay is linked to a case of force majeure. A case of force majeure, for a contractual matter, can be applied whenever an event occurs and is external to the will of the debtor, and which cannot reasonably be predicted during the conclusion of the sale, and which effects cannot be avoided by appropriate measures, preventing the execution of its obligation by the debtor. Here is a non-exhaustive list of cases that could be categorized as force majeure cases:
18- RIGHT OF WITHDRAWAL :
According to the prescriptions of the article L.222-9 of the Consumer Code, and in respect of the contract concluded on the Internet: “The consumer shall have a period of fourteen days to withdraw from a distance or off-premises contract, without giving any reason nor having to pay any other fee that these mentioned in the article L.222-10”.
The withdrawal delay expires after a period of 14 days, starting from the day the customer receives the goods or the acceptation of the offer for the service delivery.
In case the reception of several ordered goods by the consumer are gathered in one single order and delivered separately, the withdrawal period will run on the day when the consumer, or a third party different from the carrier and designated by the consumer, will physically take possession of the last set of pieces or of the last good.
In case the delivery of an order that contains multiple products or several lots, the delay runs on the day when the consumer, or a third party different from the carrier and designated by the consumer will physically take possession of the last set of pieces or of the last good.
Finally, in case the contracts are stressed on the regular delivery of goods during a defined period of time, the withdrawal delay runs on the day when the consumer, or a third party different from the carrier and designated by the consumer will physically take possession of the last set of pieces or of the last good.
Withdrawal period is in particular excluded from the following hypothesis:
The consumer wishing to assert his right of withdrawal has to inform the professional, before the withdrawal period wears off, of his decision to withdraw from the contract.
Thus, the consumer may either:
The customer, without any excessive delay, and at all events, will have to send back the good, at least 14 days after making his decision to retract himself from the contract, to the Head Office of TSUME SA. The product must be returned following the instructions of TSUME SA and the parcel must contain all the pieces.
The returns of products have to be done in their original state and have to be complete (satchels, boxes, accessories, assembly instructions…) so that the product that arrives can be commercialized at a mint condition. The customer’s responsibility will be engaged if he proceeds to personal modifications on the product other than the modifications that are necessary.
Such manipulations disregarding the repacking product instructions (pieces that are not positioned or tidied in their original position and place, lack of replacing the moss that serves to maintain the pieces in the box, polyfoams that are not correctly assembled).
TSUME SA cannot be responsible in case of theft, loss of the product or breakage during shipping. TSUME invites the customer to lodge a claim to the carrier and the customer will have to mandate the carrier for the return of the product.
In case the customer decides to withdraw from the contract, TSUME SA will refund the price of the product(s) and the shipping costs excepting the additional fees arising from, if appropriate, the customer’s choice about the means of delivery and carrier other than the shipping method usually used by TSUME. Fees that may occur during the return (including shipping fees and customs fees) will be charged to the customer.
TSUME SA will proceed to the refund by using the same payment method used by the customer at the time of his order without any additional fee for the customer. In case the payment method used at the time of the order has now expired or has ceased to be, the refund can be performed through wire transfer or Paypal. Additional fees that might be generated will be charged to the customer. TSUME SA will differ the refund until the return parcel arrives at its facilities or until the customer sends a proof of return shipping for the said product (the chosen date will be the date of the first such occurrence).
19- OUT-OF-COURT SETTLEMENT/RESOLUTION :
The European Commission makes available an online platform for dispute resolution, which is accessible here: https://ec.europa.eu/consumers/odr/.
20- LITIGATION AND APPLICABLE DUTY :
Any law matter linked to the current conditions and terms of sales and to the sales that they shall prevail will be subjected to the Luxembourg Law and Jurisdictions.
21- INVALIDITY :
By placing an order, the customer accepts the fact that TSUME treats, collects and uses his personal data.
TSUME SA is responsible for processing of your personal data and will process these data according to the laws and applicable regulations.
Collecting data is essential to the processing of orders, payments and to the successful completion of commercial relations between TSUME and the customer. Data will not be revealed to any third party.
Collected data are only used in order to handle the customer’s orders. These data are confidential and will only be used by TSUME SA for the needs of the contract, its execution and the respect of the law.
Data might be communicated to, in whole or in part, beneficiaries of TSUME SA’s services that intervene in the process of order. To commercial extend, TSUME SA may transfer the name and details of the customer to some of its commercial partners, under the customer’s approval that is asked at the creation of his account.
The customer can, at any time, dispose of the following rights:
Right to information
Right to access; that is to say the right to obtain, at any time and by requesting, confirmation that your data are treated or not.
Right of rectification; that is to say the right to obtain from the responsible, at any time and in the shortest delays, the rectification of some personal data that might not be accurate.
Right to erase data or Right to Oblivion; that is to say the right to obtain, in the shortest delays, the erasure of data from the responsible, except if the preservation of data relieves a legal obligation to which our activity is linked
The Right to limitation of treatment
Right To Data Portability
The Right to be against, at any moment or for any reason that is linked to your particular situation, a special treatment of personal data that concern you, based on the article 6, paragraph 1, point 2) or f) (GDPR), including a profiling based upon these disposals.
The Right not to be subject to be evaluated on the basis of the automated processing
The Right to withdraw easily his consent, at any time, in the respect of the processing operation based on the given consent, with the withdrawal of this latter.
The Right to lodge a claim against an inspection authority and, in particular, the NDPC.
In order to have access to the said rights, those mentioning a stop to future data collection, treatment that could be used for the purposes mentioned earlier, or those mentioning to rectify data, the customer will have to contact TSUME SA by creating a ticket on the following support webpage: https://www.tsume-art.com/fr/support (It is mandatory that the customer has to log into his Tsume account in order to create a ticket).
22- PROTECTION OF PERSONAL DATA :
In case of the nullity of a clause present in our current terms of sales, this will not lead to a breach of the total set of the said current conditions of sales, and the current conditions will still be in effect as well as the other clauses.
23- REGISTERED TRADEMARKS OR COPYRIGHTS :
TSUME, IKI by TSUME, YOKA by TSUME as well as the logo TSUME are all registered trademarks. Any use of one of the previous trademarks or elements for commercial purposes or purposes linked to any kind of speculation, and without the initial agreement of TSUME SA, or for illegal, obscene, abusive, threatening, harassing, slanderous, offensive to TSUME SA is therefore prohibited and liable to legal proceedings.
24- COOKIES :