General Terms and Conditions of Sale TSUME SA
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
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.
E-mail address: email@example.com
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.
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.
TSUME SA offers the following Products for sale:
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 box
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:
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.
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.
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.
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 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
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
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)
Discount if delivery time is exceeded
(Refunds will be made by returning the deposit if the delivery time is exceeded)
Up To 1600
Between 12 and 18 months
From 1601 to 2000
Between 13 and 20 months after preorder
From 2001 to 2500
Between 14 and 22 months after preorder
From 2501 to 3000
Between 15 and 24 months after preorder
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.
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.
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.
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.
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.
-delays in the event of interruption of electronic communication networks...
If the disagreement persists, the parties may bring the matter before the competent courts.
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.