2nd of October 2019 Erratum,
Due to technical issues we are currently facing, we add the following Erratum on the delivery period of our Terms and conditions of sales for the products labeled "in stock".
This Erratum affects the following two products of the Xtra line:
• MY HERO ACADEMIA Izuku Midoriya BY TSUME
• MY HERO ACADEMIA Katsuki Bakugo BY TSUME
The product is currently in overseas transit and will be shipped within 60 days
We apologize for this inconvenience and we look forward seeing you on our website.
Welcome to TSUME ART.COM !
TSUME SA designs, develops and sells collectible statues, figurines, board games and off-the-peg fashion inspired by [text missing] under official licences, as well as its own showcases.
Summary of the present conditions:
3- Subject and general provisions
4- Amendments to our Conditions of Sale and when they will come into force
5- Product information
6- Pre-ordering / Ordering
8- Payment conditions
9- Product availability
10- Waiting list
11- Delivery times
12- Delivery conditions
14- After-Sales Support
16- Property rights
18- Right of withdrawal
19- Out-of-court settlement/resolution
20- Litigation and applicable law
21- Protection of personal data
23- Registered trademarks and Copyrights
Deposit: amount of money paid in advance by the customer when purchasing a product. Deposit applies to pre-order items and in-stock items. Its value represents 10% of the price of the product (incl. all taxes) and is retained by Tsume SA in case of a cancellation requested by the customer, concerning one or more orders or pre-orders.
Right-owner: Company that possesses the rights to a given intellectual property.
Technical features of a product: set of data defining a product that includes, but is not limited to, the dimensions, weight and materials used.
Customer: refers to the contractual partner of Tsume.
Consumer: any physical person who purchases goods and services for personal use.
Order: purchase of any in-stock product made directly by the customer that has been paid for immediately and in full by the customer on the Tsume SA website.
Opening date for pre-orders: date from which the customer has a right to place a pre-order concerning a product that is currently being produced and is not yet available in stock.
Pre-order: specific order that can be place directly by the customer on at tsume-art.com, concerning products that are yet to be made (or are currently being made) and therefore not available in stock, by means of a firm reservation with payment in full.
Price: price set by Tsume SA for products that appear on the website tsume-art.com at the time of the conclusion of the sale contract and to be paid by the customer in full should the latter wish to purchase the goods.
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 PROVISIONS
The present Conditions of Sale apply to any purchase made from Tsume SA by a customer.
The present Conditions of Sale apply to sales made via the website tsume-art.com as well as sales made by TSUME SA at trade shows and events.
At the time of placing the order or pre-order, the consumer acknowledges that they will be considered to have understood and accept the present Conditions of Sale without the need for any handwritten signature.
In placing an order or a pre-order on the website tsume-art.com, or at a trade show or event, the customer acknowledges that they understand and accept the present Conditions of Sale and expressly agree to the conditions without any reservations.
The consumer will be deemed to have agreed, without reservation, to all of the provisions outlined in our Conditions of Sale.
No general or specific conditions present in the documents sent or handled by the consumer will be included in the present conditions, where these documents would not be compatible with the present general conditions.
The customer recognises that they have taken the necessary advice and information to ensure that the offer meets their needs. The customer declares that they are in a position to lawfully contract, under Luxembourg law, or represent the individual or legal entity they are representing. Unless otherwise proven, the information recorded by Tsume SA will be proof of all of the transactions.
4- AMENDMENTS TO OUR CONDITIONS OF SALE AND WHEN THEY WILL COME INTO FORCE:
The fact TSUME SA does not invoke the present general conditions at any time cannot be interpreted as a desire on the part of TSUME SA to waive any of the said conditions at a later date.
TSUME SA reserves the right to modify at any given time the present general terms without notice, it being understood that such modifications will not affect the services already purchased by the customer.
The customer is subject to the Conditions of Sale in force at the time they place their order, unless any changes to these Conditions of Sale is required by any administrative or government authority.
Should any of the clauses of these Conditions of Sale be deemed to be invalid, null or declared inapplicable for any reason, this clause shall be deemed separable and shall not affect the validity or effectiveness of the other provisions and clauses of the present Conditions of Sale.
The present Conditions of Sale were updated on 23rd November 2018. The previous version can be found here.
5- PRODUCT INFORMATION
Products made available to order or pre-order are those present on the website of TSUME SA (products sold by TSUME SA during conventions or events are included), subject to availability.
For any product on sale on its website, TSUME SA offers its customers a detailed summary of the main characteristics of the product in question. This summary also contains the price of the product in euros, as well as, where appropriate, the shipping costs.
Descriptions, details and pictures showing figurines, statues, board games and off-the-peg garments are as accurate a depiction as possible, but are provided solely for illustrative purposes and therefore have no contractual value.
Products are subject to the approval and validation of the right-owners, who may exercise a right of return and consequently modify said product.
Seeking to constantly improve the quality of its products, TSUME SA may modify the characteristics of its products. The product may be subject to modifications depending on the stages involved in its production. Therefore, for quality purposes, or in the event of a request from the right-owners of said product, the estimated dispatch dates may be postponed.
TSUME SA offers for sale the following products:
Each figurine/statue is unique and hand-made.
All these products are collectible statues or figurines under official licenses. They are not toys and are meant for people over 14 (fourteen) years of age.
The outer boxes used to protect the inner box are not collectibles. Their only purpose is to protect both the parcel and they are numbered only for logistics purposes.
There are 6 ranges of TSUME SA figurines and statues:
SC (Standing Character): figurines on a scale of 1:12 are made of PVC and ABS and delivered in a window box.
XTRA: figurines on 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 on 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 numbers, each one of them possessing an identification number. They are traditionally made on a scale of 1:6 to 1:8 and they generally include a character and a setting of varying degress of complexity. They are built on a resin base but other materials (such as metal, ABS, etc.) may be added for technical reasons. An LED system or a sound system running on mains or battery power may also be incorporated.
HQS+ (High-Quality Statue+): statues produced in very limited numbers, each one of them possessing an identification number. They are traditionally made on a scale of 1:4, 1:5 or 1:6. They are built on a resin base but other materials (such as metal, ABS, etc.) may be added for technical reasons. An LED system or a sound system running on mains or battery power may also be incorporated.
MUB (My Ultimate Bust): High-quality bust on a scale of 1:1, built on a resin base but other materials (such as glass, fibre, wood, etc.) may be added to ensure the best possible finish. The bust may include or not customisable elements, depending on the bust. Product is hand painted and delivered with its personal authenticity certificate.
Products from the HQS, HQS+ & MUB ranges are numbers, issued with a certificate of authenticity and manufactured in limited numbers. (Boxes are manufactured in limited numbers and not reproduced.)
-Enzan By Tsume (Showcases for household use)
Enzan is a line of showcases made of PVC or ABS and fitted with 4 (four) glass panels, designed to display certain TSUME products ranges.
-Yoka By Tsume (Board games)
Yoka By Tsume offers board games under official licenses that are known within the entertainment world, as well as original works.
-IKI By Tsume – Off-the-peg garments
IKI By Tsume offers several lines of garments under official licenses, in limited numbers and aimed at an adult clientele.
Iki by Tsume products are made with quality fabric.
6- PRE-ORDERING / ORDERING
Any customer wishing to buy a TSUME, IKI or Yoka by Tsume product can place their order or pre-order on the website www.tusme-art.com as follows:
Log into their personal Tsume account or create one. (Having a Tsume customer account is mandatory if the customer wishes to purchase on the TSUME SA website)
Select the product they wish to purchase before being redirected to the selected product webpage where they will find the following:
Non-binding photos of the prototype, based on which the product has been or will be produced.
Technical characteristics (scale, circulation, license, weight, dimensions, etc.)
Estimated shipping time (pre-ordered products only), expressed by quarter or semester and not considered a fundamental condition of the sale contract.
Ordered products are shipped by TSUME SA to the customer with specialist carriers within 30 (thirty) working days following the date of the conclusion of the sales contract.
In the case of products marked ‘pre-ordered’, the customer has the opportunity to order them before their official release. By placing a pre-order, the customer indicates their 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 items by the Iki by Tsume brand
Adding the product to the cart (in order to prevent any speculation and to allow the maximum number of people to order a limited-edition product, TSUME SA restricts the purchase to only one unit per person and per order or pre-order for TSUME SA products from the HQS and HQS+ ranges)
Confirming an order or a pre-order: being redirected to a summary page concerning the selected products to confirm their cart and their personal details such as billing address, shipping address, phone number, etc.
Choosing the method of payment: all orders require a deposit corresponding to 10% of the price of the product(s) incl. taxes.
Clicking on the ‘confirm and pay’ button which only visible and available once the customer accepts the present Conditions of Sale.
Filling in the financial information and confirming the payment before being redirected to a thank you page.
Receiving an order confirmation by email to the 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, TSUME SA will advise the customer as quickly as possible, in which case, the order will be automatically cancelled and any sums already paid fully refunded.
TSUME SA reserves the right to refuse or cancel any new order from a customer in the event of any unpaid invoices or in the event of insolvency.
The customer receives an e-mail asking them to confirm their delivery address once the production in the factory is nearly complete (the order is nominative and personal and cannot therefore be transferred on another account).
For logistic reasons, the customer cannot, under any circumstances, assign their pre-order to a third party before receiving it.
The prices stated on the website tsume-art.com are shown in euros, incl. taxes (Luxembourg VAT and other applicable taxes).
TSUME SA suppliers’ prices are subject to change. Consequently, the prices stated on the website may also change or be modified to reflect special offers or sales. The prices stated are applicable and valid, unless in the case of gross error. The applicable price is the one stated on the website on the date the customer places the order.
For export sales, prices and shipping costs are net excl. taxes.
Shipping costs may be applied to certain ranges of voluminous products or in the case of orders or pre-orders that encompassing several products meant to be shipped or any orders under 50 (fifty) euros incl. taxes.
Shipping costs are expressed in euros and may vary according to the country of delivery chosen by the customer.
For pre-orders, 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 on which Tsume invoices them, the latter occurring in the month preceding delivery. Any cost variation for shipping pre-orders will notably depend on the country designated by the customer and to any changes in the prices charged by the shipping company in charge of the delivery.
Any customs fees or any other form of taxes will be charged to the customer as mentioned in Article 12 of the present Conditions of Sale.
According to Article 17.4b of the modified law of 12th February 1979, the sale of tickets for the Tsume Fan Days or for any other events organised in Luxembourg by TSUME SA is subjec to the VAT in force in the Grand Duchy of Luxembourg on the date of the order.
8- PAYMENT CONDITIONS
The order has to be fully paid on the day the customer places it, by a secure payment method, according to the payment conditions outlined on the website of TSUME SA.
Shipping costs, which vary depending on the country the customer has selected, will be invoiced separately. The customer will have to pay them as soon as they receive the separate invoice for shipping, which will be sent to them in the month preceding delivery. The invoice has to be paid according to the payment conditions TSUME SA has outlined on its website.
For purchases over 180 EUR, TSUME SA offers the customer the possibility to pay the due sum in several instalments, the number of which is to be determined by TSUME SA according to the sale price of the product(s). Instalments will be taken each month on the same date. The first monthly instalment will have to cover all of the deposit (10% of the price of the product incl. taxes) in case of withdrawal by the customer.
TSUME SA may offer special payment conditions for pre-orders of some of its products corresponding to the HQS, HQS+ and MUB ranges:
A 5% discount directly deducted from the total price of the product in the event of a cash payment
A step-by-step payment formula which consists of 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 officially presents the first manufactured, finished and packaged product. An email will be sent to the customer to show them the first finished product through various media, or unboxing videos or photos
30% of the product price to be paid when confirming the delivery address the customer asks TSUME SA for in order to set up the shipping.
Attention: the request for the last 30% may vary from one customer to another according to the number of shipping containers received.
In the event that the first attempt to obtain a staged or step-by-step payment is denied by the card issuers, TSUME SA will make one more attempt to obtain the payment within seven (7) days and a payment link will be sent to the customer by email for them to accept via their TSUME account. This link will remain valie for an indefinite period of time. In the event that the customer should fail to respond or make the payment within 30 days of the payment link being sent, TSUME SA reserves the right to cancel the order or pre-order and to refund any amounts that the customer has already paid by the payment method of TSUME’s choice.
The customer will be informed of this by email and will need to place a new order.
9- PRODUCT AVAILABILITY
The non-availability of a product is stated in principle on the product page. The customer may also be informed by TSUME SA regarding the restocking of a product.
In any event, if the non-availability of a product has not been stated 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, if both parties agree, offer an alternative product of equal quality and price.
If the customer decides to cancel their order of an unavailable product they will obtain a refund of all sums paid for the unavailable product within at the most 30 (thirty) working days starting from the day they receive the information that the product is unavailable.
10- WAITING LIST
Any customer wishing to purchase a product from the HQS or HQS+ ranges whose numbered units available for pre-order have already been sold may be put on a waiting list by logging in to their Tsume account and clicking on ‘waiting list’ on the product webpage to be found on the website tsume-art.com.
This registration does not constitute a pre-order or order. The customer’s entry on the waiting list may only result in a pre-order or an order if another customer decides to cancel their 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 whether or not any notification is sent to the registered customers on the concerned list.
In case of non-availability of the product, TSUME SA will contact customers registered on the waiting list in order to inform them of the terms of confirmation of their pre-order or order.
Payment conditions, as well as the number of instalments, may be redefined by TSUME SA.
11- DELIVERY DATE
Estimated shipping time is different for each product and varies according to criteria, constraints and artistic complexity and production techniques.
Ordered products are shipped by TSUME SA to the customer through specialist carriers within 30 (thirty) working days following the date of conclusion of the sales contract.
The date of conclusion of the sales contract is the date on which TSUME SA confirms receipt of the order online. The indicated lead time for the current order and shipping starts from this date.
For any product marked available for pre-order, the availability date is only indicative.
The delivery period may be subjected to modifications, either owing to a force majeure occurring, or with a view to continuously improving the quality of the product(s), particularly in the case of a request coming from the right-owners of said product or in the case of some other factory production constraint.
TSUME SA will use all possible means within its power in order to deliver the product in a reasonable delivery period and commits to issuing a full refund of the customer’s pre-order in the event 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 estimated delivery period.
12- DELIVERY METHODS
For the safety of the piece and its protection, the piece might be packaged in several parcels.
12.2- Shipping procedure:
Pre-ordered products are shipped through successive batches and delivered to the customer based on a delivery date specified on the website of TSUME SA and used for information purposes only, expressed by quarter or semester from the start date of the pre-order. The customer is informed of the actual delivery date by TSUME SA.
In the case of products that have been pre-ordered and for which full payment has been received, TSUME SA sends an e-mail asking for a delivery address confirmation a few weeks before the shipping.
The customer is then invited by e-mail to update their delivery address or to confirm the details they entered during the pre-order stage by logging into their Tsume account. The customer will be able to modify the following details: name of recipient, delivery address, postcode, town/city, delivery country and phone number. In case of a change of delivery country, if needed, taking into account the updated shipping costs to the new country chosen by the customer, new shipping costs might be invoiced or refunded to the customer (said shipping will be put in hold by TSUME SA until the case is resolved).
Depending on the value and the weight of some products, only pre-orders whose delivery addresses have been confirmed 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 specialist carrier appointed for the delivery. The customer receives an e-mail (from the carrier or TSUME SA, a shipping notification regarding their product stating the date on which it was been handled by the carrier, the name of the carrier and a unique tracking number).
Due to the volume of certain products, TSUME SA reserves the right to charge the customer for any storage costs in the event that the customer has not yet confirmed their delivery address within a period of 30 days, starting from the reception of the product at the logistics site of TSUME SA.
12.3- Change of address, displacement or customer absence on the delivery date:
In case of a change of address, displacement or a customer absence during the scheduled delivery period, the customer must inform TSUME SA immediately in order to avoid paying additional fees incurred through making several attempts at delivery.
Each pre-order is nominative and personal. The transfer of pre-orders to a third party through TSUME SA’s delivery system is strictly prohibited until the pre-order is received at the customer’s premises. TSUME SA cannot, therefore, be held responsible, after the product is shipped to the confirmed delivery address, if the recipient name or the delivery address given by the customer are those of a third party.
In the event that a product is returned to TSUME SA due to a customer absence when the carrier has attempted to deliver the product several times, all 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 payment for the new delivery costs invoiced by TSUME SA has been made.
For logistical and internal organisation reasons, all products are shipped via a carrier appointed by TSUME SA. Customers cannot arrange pick-up of their orders from TSUME SA themselves.
However, in some exceptional cases, products might be hand-delivered during trade shows or events or directly to TSUME SA’s headquarters for the purposes of after-sales services or in the case of sensitive products. In such cases, both the customer and TSUME SA will have to sign a delivery slip confirming hand-delivery of the product to a given location and on a given date.
12.4- Loss, theft or damage to the parcel by the carrier:
In the event of any anomaly regarding 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 via their customer account.
When delivering to the customer, our materials that were used in our products for the HQS and HQS+ ranges might expand according to seasonal variations in temperature.
It is recommended to wait for a period of 24 hours (at room temperature) once the parcel arrives at the customer’s address before opening it.
In case of an anomaly occurring during delivery (damage, missing product, damaged product, damage to the inner or outer packaging caused by the carrier, etc.), the customer has the right to refuse to accept the parcel from the carrier. In the event that the customer does accept the parcel in the condition in which it is delivered, no appeal will be acknowledged by the TSUME support service.
12.5- Payment of taxes and entrance fees:
Products ordered on the TSUME SA website that will be shipped outside the European Union might be subject to export taxes to be paid on arrival at their destination. The customer must pay these customs fees. TSUME SA has no power or control over any additional customs fees that the customer may incur when delivering the order to their country.
By purchasing through the TSUME SA website, the customer is considered to be the official importer and has to respect all the laws and regulations of the country to which they have decided to have their products shipped. In the case of international customers, TSUME SA highlights the fact that cross-border 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 their order, TSUME SA reserves the right to consider the product to have been abandoned by the customer. In this case, no refund of the product or shipping costs will be issued and TSUME SA will regain ownership of the products.
All customers are covered by a legal warranty of conformity as stipulated in Articles L.212-3 and following of the Consumer Code and the guarantee of hidden defects outlined in Article 1641 of the Civil Code.
13.1- Guarantee of conformity
According to Article L.212-3 of the Consumer Code, “The trader shall deliver compliant goods and is responsible for any conformity defects present when the goods are delivered, even if the trader was unaware of these defects.
The trader is responsible for any conformity defects caused by the packaging or assembly or installation instructions when the contract states that the trader is responsible for this or where it has been performed under the trader’s responsibility.
Without prejudice to Article L.111-1, the trader is also bound by the public pronouncements coming from the producer or their representative unless they can prove that they were not, and could not reasonably have been, aware of the statement in question”;
According to Article L.212-4 of the Consumer Code:
In order to comply with the contract, and depending on the case in question, goods must:
According to Article L.212-5 of the Consumer Code:
“(1)In the event of a conformity defect, the consumer can return the goods and obtain a refund of the price paid or keep the goods and have part of the price refunded. However, no cancellation of the sale or reduction in the price can be obtained if the trader proceeds to replace or repair the goods. The sale cannot be cancelled 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 insist that the trader ensure the conformity of the goods in question. They have the choice between having the goods repaired or replaced, unless either of these options puts excess strain on the trader.
A remedy may be considered as disproportionate if the trader is subject to costs that, compared to another option, are unreasonable compared to the following:
The goods must be made compliant within a month of the day on which the customer has requested this. After this time, the consumer can return the goods and obtain a refund of the price paid or keep the goods and obtain a partial refund.
Goods must be made compliant at no cost or convenience to the consumer, according to the nature of the goods and any special use the consumer may have for it.
Furthermore, the trader is liable for any damages and costs incurred by the consumer.”
Article L212.6 of the Consumer Code specifies that the consumer must report the conformity defect to TSUME SA within two years from the date on which they receive the product.
It is specified that the current legal guarantee of conformity applies independently of the authorised commercial warranty that comes with the product, where applicable.
The customer is perfectly aware of the fact that the photographs of the prototype on the TSUME SA website aims to promote the product on said website and to allow the consequently informed customer to place an order or pre-order. With this in mind, the customer expressly accepts, in accordance with the present Conditions of Sale, the fact that the prototype shown in the photographs is not the product they are purchasing and has no contractual value. The description of the prototype, its features and the photographs that represent it are as close as possible to the (final) product and are provided for illustrative purposes only. Seeking to constantly improve the quality of its products, TSUME SA may consider it necessary to adapt some aspects and features of the final product in relation to the prototype. This being the case, under no circumstances can a minor difference be considered to constitute non-conformity.
13.2- Guarantee of hidden defects
The seller is bound to offer a guarantee with regards to any hidden defects that might render the product sold unfit for the purpose for which it was intended or hinder said purpose to such an extent that the customer would not have purchased it, or would not have been prepared to pay as much for it, had they been aware of said defects (Article 1641 of the Civil Code).
This guarantee enables the customer to choose between a refund of the cost of the product, if it is returned, and a refund of part of the cost if the product is not returned, provided that they can prove the existence of a hidden defect.
Customers wishing to take action in the event of any unacceptable defects must make their decision known within two years of the date on which the defect is discovered, in accordance with Article 1648 of the Civil Code.
14- AFTER-SALES SUPPORT
In addition to the legal warranties, TSUME SA offers customers an after-sales support service platform. The TSUME SA After-Sales Support Department can be contacted Monday to Friday, 9-12pm and 1-6pm, UTC+1.
Any complaints or requests for information regarding TSUME, IKI or YOKA by Tsume products must be submitted electronically by creating a ticket through the after-sales support webpage: https://www.tsume-art.com/fr/support. It is vital that the customer log in to their Tsume account to create a ticket. They will be asked to complete the request using clear and precise explanations, with the possibly of adding pictures of the product in question so that our support team can clearly identify the issue.
TSUME SA invites the customer to inform it of potential defects, breakages, missing parts or deterioration of the goods within 14 days following the date the customer receives the goods. Any requests submitted after this time (i.e. more than 14 days after receiving the product) will not be covered by the warranty and the customer will be liable for the cost of any returns that they might request, along with the corresponding shipping costs (after-sales shipment and return).
The TSUME After-Sales Support Department deals only with customers buying products on the TSUME SA website. The customer will have to log in to their TSUME SA account and open a ticket on the after-sales support platform.
Customers buying products from a professional and official retailer must address their request directly to their retailer, who will deal with their case, provided that the price of the product matches the official price stated on the TSUME SA website.
Each request will be handled individually, meaning that the customer will have to open one ticket per request: 1 support ticket = one request per product.
Each statue or figurine produced by TSUME SA is unique and handmade in limited numbers. Therefore, there is likely to be some variation between products (lining, colours, varnish, etc.). These aspects will not be considered for any support requests once the customer has accepted the product.
The photographed prototype that is shown on the website of TSUME SA is not, therefore, the actual product the customer is buying and has no contractual value. The description of the prototype, its features and the photographs that promote it are as close as possible to the (final) product and are provided for illustrative purposes only.
The After-Sales Support Department will see that the product is returned to the appropriate condition with regards to the points previously explained on the support platform by the customer only and provided that the need for said intervention is justified once the product has been returned and submitted to the after-sales department for analysis.
If the product is judged to be too damaged to be restored, TSUME may replace the whole product or part of it, subject to the availability of spare parts.
The After-Sales Support Department has a stock of spare parts produced in limited quantities that cannot be reproduced on request.
Products returns to the After-Sales Department and that fall within the previously mentioned 14-day warranty are generally arranged by TSUME SA and will always be the subject of a customer request made via the TSUME SA support platform.
TSUME SA is not responsible in the event that the product is returned by the customer to TSUME SA of their own accord without this being previously arranged via the after-sales platform. No product will be processed, repaired or replaced and the customer will have to have the parcel collected themselves. The customer may also be charged a storage fee if the parcel is stored for more than 7 days at TSUME SA facilities.
In the case of products being returned to the TSUME After-Sales Department, or repairs that have been invoiced to the customer, no sculpture-based customisation or painting will be made at the customer’s request. The product must reflect the technical and artistic criteria that have been confirmed and validated by the right-owners at the time it was put on sale on the TSUME SA website.
Some TSUME SA products are equipped with an electronic system that is under warranty for 2 years. TSUME SA does not replace consumables included and delivered with the product (LEDs, batteries, etc.).
Requests for repairs to so-called ‘second-hand’ products will firstly be subject to a quote, and then will be invoiced if the customer agrees to the quote. Such returns will not have priority over returns that are within the 14-day warranty and might take more time than usual returns.
For any return of an IKI By Tsume product, the customer will have to fill out the following form and attach it to the returned product:
Any IKI by TSUME products returned to be exchanged for another size or because the customer wishes to exercise their right of withdrawal must be returned in their original packaging, in good condition and together with any accessories (certificate of authenticity, IKI box, etc.).
Any items returned incomplete, damaged or soiled by the customer will be neither refunded nor exchanged.
An order or pre-order may be cancelled by the customer as long as the product has not already been shipped. Cancelation is not allowed for MUB (My Ultimate Bust) products subject to customised on-demand requests.
Order or preorder of MUB (My Ultimate Bust) busts that are not subject to customised on-demand requests can be canceled by creating a ticket through the client area in the Aftersale service website: https://www.tsume-art.com/fr/support and by going to the ‘cancelling an order’ section.
The deposit amounting to 10% of the purchase price will not be refunded.
The price of the 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 longer valid, the refund can be done via Paypal or bank transfer. Any extra financial fees incurred by the refund shall be charged to the customer.
16- PROPERTY RIGHTS
The products remain the property of TSUME SA until the full payment of the stated cost of the order is received. The reservation clause will not hinder the transfer to the customer, at the time they or a third designated person other than the carrier receives the order, of any risks of the products being lost or damaged subject to the right of ownership, as well as any risks of damages that may be incurred.
TSUME SA cannot be held responsible in the event of the customer breach any of their contractual obligations, in particular during the order entry stage .
TSUME SA cannot be held responsible in the event of any anomaly concerning the delivery (damage, missing product, damaged product, damage to the inner or outer packaging caused by the carrier, etc.).
TSUME SA cannot be held responsible in the event that the goods delivered fail to respect the legislation of the country chosen for delivery.
The photographs of the prototype presented on the webpage of TSUME SA’s website are not of the actual product the customer is ordering and have no contractual value.
TSUME SA cannot be held responsible in the event of minor differences between the photographs 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 beyond the debtor’s control, and which cannot reasonably be predicted when entering the contract, and the effects of which cannot be avoided by appropriate measures, preventing the debtor from fulfilling their obligations. Here is a non-exhaustive list of cases that could be categorised as force majeure:
18- RIGHT OF WITHDRAWAL
According to the prescriptions of 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 than those mentioned in 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 acceptance of the offer in the case of service provision.
In the event that several goods ordered by the consumer in the same order are delivered separately, the withdrawal period will start on the day when the consumer, or a third party different from the carrier and designated by the consumer, physically takes possession of the last set of pieces or of the last item.
In the event of a delivery containing multiple parts or batches, this period will start on the day when the consumer, or a third party different from the carrier and designated by the consumer, physically takes possession of the last set of pieces or of the last item.
Finally, in case of contracts relating to the regular delivery of goods during a defined period of time, the withdrawal period starts on the day when the consumer, or a third party different from the carrier and designated by the consumer, physically takes possession of the last product.
The withdrawal period notably does not apply in the following cases:
Supply of goods manufactured according to the customer’s specifications or considerably customised like the products in the MUB (My Ultimate Bust) range. Only for the MUB (My Ultimate Bust) busts that are subject to customised on-demand requests. Non customisable MUB busts are subject to the same conditions as the HQS range products ;
Consumers wishing to exercise their right of withdrawal must inform the trader of their decision to withdraw from the contract before the withdrawal period expires.
The consumer can do this by:
The customer must, without undue delay and in any event 14 days after indicating their decision to withdraw from the contract at the latest, return the product to the TSUME SA head office.
The product must be returned following the instructions of TSUME SA and the parcel must contain all the pieces.
Products are to be returned in their original state and have to be complete (packaging, accessories, instructions, etc.) so that the product that arrives can be resold as new. The customer will be responsible should they proceed to personally modify the product other than modifications that are necessary.
Such modifications notably include failure to observe the repackaging instructions (pieces that are not positioned in their original position and place, failure to replace the foam that serves to maintain the pieces in the box correctly, etc.).
TSUME SA cannot be held responsible in case of theft or loss of the product or breakage during shipping. TSUME invites the customer to take out damage, breakage and theft insurance with the carrier that the customer hires to the return the product.
In the event that the customer decides to withdraw from the contract, TSUME SA will refund the price of the product(s) and the shipping costs with the exception of any 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. Return shipment costs (including delivery fees and customs charges) will be payable by the customer.
TSUME SA will refund the appropriate amount using the same payment method used by the customer at the time of placing the order without any additional cost to the customer. In the event that the payment method used at the time of the order has now expired, the refund can be made by bank transfer or Paypal. Additional fees that might be incurred will be charged to the customer. TSUME SA will defer the refund until the return parcel arrives at its facilities or until the customer sends a proof of return shipping for the product in question (the date recorded being the earlier of the two).
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 LAW
Any legal matter linked to the present Conditions of Sale and to the sales that they govern will be subject to Luxembourg law and governed by the courts of Luxembourg.
21- PROTECTION OF PERSONAL DATA
By placing an order, the customer accepts the fact that TSUME collects, processes and uses their personal data.
TSUME SA is responsible for processing your personal data and will process these data according to the applicable laws and regulations.
Collecting data is essential to the processing of orders and payments and the successful execution of commercial relations between TSUME and the customer. This data will not be revealed to any third party.
Collected data are only used in order to process the customer’s orders. These data are confidential and will only be used by TSUME SA for the purposes of the contract, its execution and complying with the law.
Data might be communicated, in whole or in part, to beneficiaries of TSUME SA’s services involved in the order processing procedure. For commercial purposes, TSUME SA may share the name and details of the customer with some of its commercial partners, subject to the customer’s express approval, to be sought when creating their account.
The customer can, at any time, exercise the following rights:
Right to information
Right to access; that is to say the right to obtain, at any time and on request, confirmation of whether or not their data is being processed
Right of rectification; that is to say the right to have the responsible party rectify as soon as possible any personal data that might not be accurate
Right to erase data or right to oblivion; that is to say the right to have the responsible party erase data as soon as possible, except where keeping the data is a legal obligation to which our activity is subjected
Right to limitation of processing
Right to data portability
Right to oppose, at any moment or for any reason that is linked to your particular situation, the processing of personal data that concern you, based on Article 6, paragraph 1, point 2) or f) of the GDPR, including profiling based upon these provisions
Right not to be assessed on the basis of the automated processing
Right to withdraw their consent easily, at any time, without detriment to the processing operation based on the given consent
Right to lodge a complaint against an inspection authority and, in particular, the NDPC
In order to exercise these rights to stop data from being collected, processed or used for the abovemention purposes, or 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 vital that the customer log in to their Tsume account in order to create a ticket).
In the event of a clause of our present Conditions of Sale being deemed invalid, this will not automatically render invalid all of the clauses of said Conditions of Sale, all other clauses of which will continue to apply.
23- REGISTERED TRADEMARKS OR COPYRIGHTS
TSUME, IKI by TSUME, YOKA by TSUME as well as the TSUME logo 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 prior agreement of TSUME SA, or for any purposes that are illegal, obscene, abusive, threatening, defamatory, slanderous or offensive to TSUME SA is therefore prohibited and liable to legal proceedings.