General Terms and Conditions of Sale Tsume SA

 

Tsume SA designs, manufactures, and markets collectible statues, figurines, board games, and ready-to-wear items inspired by imaginary cultures, all based on official licenses. It also offers display cases for exhibition.

Table of Contents:

1 - Definitions

2 - Identification

3 - Purpose and General Provisions

4 - Effective Date and Modification of the General Terms and Conditions of Sale

5 – Product Information

6 - Pre-ordering and Order process

7 - Pricing

8 - Payment Terms

9 - Product Availability

10 - Waiting List

11 - Delivery Times

12 - Delivery Terms

13 - Warranties

14 - Customer Support

15 - Cancellation

16 - Ownership Retention Clause

17 - Liability

18 - Right of Withdrawal

19 - Extrajudicial Resolution

20 - Dispute and Applicable Law

21 - Nullity

22 - Personal Data Protection

23 - Trademarks or Properties

24 - Cookies

 

1 – Definitions

Deposit: Funds paid by the Customer when purchasing a Product on Order or Pre-order prior to the Product's delivery. The Deposit amounts to 10% of the advertised Product price, it remains Tsume SA's property if the Customer cancels the Order or Pre-order.

Licensors: Companies that grant licenses for specific intellectual properties.

Technical Specifications of the Product: Comprehensive data defining a Product, including dimensions, weight, materials, and other relevant attributes.

Customer: Refers to the contracting party of Tsume SA.

Consumer: An individual who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity.

Order: Purchase made directly by the Customer on the website www.tsume-art.com or during conventions/exhibitions, for a Product available in stock. In the case of an order for a business entity, it is processed through the commercial service.

Pre-order Opening Date: The date from which the Customer is entitled to register a Pre-order for a prototype in the process of being manufactured and not yet available in stock.

Pre-order: A purchase made directly by the Customer, as applicable following the payment terms contained in clause 8, on the website www.tsume-art.com , for one or more Product(s) intended to be manufactured or in the process of being manufactured and not yet available in stock. The manufacturing lead time for a Pre-order is announced by Tsume SA for informational purposes only, so compliance with this lead time does not engage the liability of Tsume SA.

Price: The price set by Tsume SA for the Products, appearing on the website www.tsume-art.com at the time of concluding the purchase/sale contract, and to be paid by the Customer for the acquisition of the Product (see Chapter 7 on Prices).

Products: Collection of tangible goods available for purchase or sign-up on the website www.tsume-art.com or at exhibitions.

Professional: Any natural or legal person, whether public or private, who acts, including through another person acting on its behalf or for its account, for purposes falling within the scope of its commercial, industrial, artisanal, or liberal activity.

After-sales support service : A ssistance or support provided to customers after they have purchased a product or service. This includes activities such as repairs, technical support, and addressing customer inquiries or concerns.

2 - Identification

C ompany name : Tsume SA

Registered Office: TRACOL IMMOBILIER Building, Rolach Industrial Zone, L-5280 SANDWEILER, Luxembourg

RCS Luxembourg: B 151925

VAT Number: LU24084006

Phone: +352 20 21 14 30

Email Address: sav@tsume-art.com

3 - Purpose and General Provisions

These general terms and conditions of sale apply to any purchase made by a Customer from Tsume SA, whether on the website www.tsume-art.com or at exhibitions.

By placing an Order or Pre-order on the website www.tsume-art.com , or at exhibitions, the Customer declares that they have read these general terms and conditions of sale and expressly accept the terms without reservation or condition.

No general or specific conditions appearing in the documentation provided by the Customer can be integrated into these terms, as long as this documentation is incompatible with these general terms and conditions.

The Customer acknowledges having received the necessary advice and information to ensure the adequacy of the offer to their needs. The Customer declares that they are legally able to enter into contracts under Luxembourg law or that they validly represent the natural or legal person for whom they are committing. Unless proven otherwise, the information recorded by Tsume SA constitutes proof of all transactions.

4 - Effective Date and Modification of the General Terms and Conditions of Sale

These general terms and conditions of sale were updated on May 17, 2024, and are applicable to orders/pre-orders placed from May 18, 2024, at 14:00 hours, UTC+1 time zone. For any questions regarding Products purchased before the aforementioned date, the Customer must refer to the previous versions of the general terms and conditions of sale:

• 2023 version of the GTC available here

• 2021 version of the GTC available here

• 2018 version of the GTC available here

• Version before 2018 available here

The Customer is subject to the general terms and conditions of sale in force at the time they placed an Order for a Product, unless a change to these general terms and conditions of sale is required by an administrative or governmental authority.

No omission, regarding 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 general terms and conditions.

Tsume SA reserves the right to modify these general terms and conditions at any time without notice, provided that such modifications shall not apply to goods and services already acquired by the Customer at the time the updated general terms and conditions enter into force.

5 - Product Information

The products offered for sale by order or pre-order are those presented on the website www.tsume-art.com , and those presented at exhibitions, within the limits of available stocks.

For each product offered on the website www.tsume-art.com , Tsume SA provides its customers with a detailed product identification sheet containing the presentation of essential characteristics, the indication of the price, and, where applicable, the estimation of delivery costs for pre-ordered resin product ranges, and the defined delivery costs for products in stock.

The descriptions, information, and photographs of the figurines, statues, board games, and clothing items are as accurate as possible, provided for illustrative purposes only and do not have contractual value, as they cannot guarantee an exact match with the final products.

The customer is also informed that the pre-order is based on photos of the prototype (not yet manufactured or in the process of being manufactured) or the final product depending on the product range. The finished product may therefore slightly vary from the prototype or the final photographed product due to its artisanal manufacturing.

Products are subject to approval and validation by the licensors, who may request modifications, potentially resulting in changes to the product.

In the interest of constant improvement in the quality of its products, Tsume SA may be required to modify the characteristics of its products. The product may be subject to changes depending on production stages. Thus, in a quality-driven approach and in case of modification requests from the licensors on the product, the estimated release dates may be postponed.

FIGURINES/STATUES

Each figurine/statue is unique and hand crafted. All these products are licensed collectible statues/figurines and do not meet the definition of toys. They are intended for individuals aged fourteen (14) and older. The outer packaging cartons are not collectible items; they are solely used to protect the package and are numbered for logistical tracking.

Tsume SA brand figurines/statues are available in several ranges:

SC: Standing Character: 1/12 scale figurines made of PVC and ABS, delivered in a window box.

XTRA: 1/8 to 1/10 scale figurines made of PVC and ABS, delivered in a window box.

HQF: High Quality Figure: 1/6 to 1/8 scale figurines made of PVC and ABS, delivered in a window box.

IKIGAI : A collectible statue produced in a limited edition. This range was available in two versions until May 30, 2022:

• Regular: The version announced at the time of Pre-order.

• Ultimate: A version different from the Regular.

On September 27, 2022, Tsume SA restructured this range and clearly communicated to customers their decision to henceforth offer a single version. This range is primarily at 1/6 scale, mainly made of resin, although other materials may be used for technical reasons.

ULTRA HQS, HQS, HQS DIORAMAX : Numbered collectible statues produced in limited editions. These statues are primarily made of resin but may include other materials (metal, ABS, etc.) for technical reasons. The statues may feature an analog LED system and/or a sound system, powered by battery or power supply. The HQS range can be further divided into two sub-ranges, Ultra HQS or HQS Dioramax. Since December 2021, they include a label specifying the scale of the piece to better inform the customer.

HQS+ : Numbered collectible statues produced in limited editions. Traditionally at scales of 1/4, 1/5, or 1/6. These statues are primarily made of resin but may include other materials (metal, ABS, etc.) for technical reasons. The statues may feature an analog LED system and/or a sound system, powered by battery or Power supply. The HQS+ range will no longer be used for new projects as of December 2021, except for the remaining three (3) Bronze Knights needed to complete the Saint Seiya Diorama.

MUB: My Ultimate Bust : A high-end bust at a 1/1 scale on a resin base, which may incorporate other materials (glass, fiber, wood, etc.) to ensure optimal rendering. This bust can include potentially customizable elements depending on the type of bust, is hand-painted, and comes with a personalized certificate.

BIJUtsu by Tsume : Numbered collectible statues produced in limited editions, traditionally at a 1/4 scale. These statues are primarily made of resin but may include other materials (metal, ABS, etc.) for technical reasons. They may also feature an analog LED system and/or a sound system, powered by battery or Power supply. Each BIJUtsu statue comes with a wall display scroll, a cover, a serial crystal, and a numbering certificate.

Complimentary items (scroll and cover) provided to the customer are exempt from warranty coverage and are ineligible for return or exchange, except in instances of concealed defects. Should a quality issue or product defect arise, customers are required to notify our customer service team within 14 days of product receipt. We retain the prerogative to decline any requests for return or exchange of complimentary items, unless substantiated hidden defects are demonstrated. The company holds no liability for any direct or indirect damages stemming from the utilization of complimentary products.

For the BIJUtsu range, the legal warranty is valid only if the following conditions of use are adhered to:

• The polyfoam must be stored inside the artbox. Any other object placed atop the artbox will invalidate the warranty.

• The artbox must be positioned on a flat, non-slippery, and leveled surface. Failure to comply with these conditions will render the warranty void.

• It is imperative to protect the BIJUtsu artbox by using the provided cover. Failure to adhere to these guidelines will result in the warranty being voided.

The BIJUtsu range artbox has been engineered to offer supplementary functionality by facilitating the display of the statue. Nonetheless, it is imperative to acknowledge that this feature is an additional amenity and should never jeopardize the safety of the statue. Tsume SA hereby absolves itself of any responsibility for damages resulting from the improper utilization of the box. The primary purpose of the artbox remains to safeguard the statue during transportation.

Tsume SA absolves itself of any liability for damages arising from the display of its products, encompassing potential harm to the designated display area chosen by the customer or any consequential damage to individuals or property. The customer bears the responsibility of securely maintaining the scroll and artbox and selecting an appropriate display location to prevent any potential hazards or harm. Purchasing and displaying the products are undertaken at the customer's sole risk, and the company shall not be held accountable for any resulting damages or losses.

The items within the IKIGAI, ULTRA/HQS/DIORAMAX, HQS+/MUB, and BIJUtsu by Tsume collections are individually numbered and/or come with a certificate of authenticity. The cartons and outer packaging are manufactured in limited quantities and are not replicated, therefore they are not eligible for customer service support in case of issues. Their sole purpose is to ensure the protection of the statue during transportation.

In the event of cancellation or a refund request for your product, the complimentary items (scroll and cover) must be returned to Tsume SA. Please note that additional elements may be offered for purchase on our website to complement your set in the future. Be aware that the availability of these accessories may vary and they will be governed by the same rules and conditions as our other products.

Accessories are defined as optional additions and may include, but are not limited to:

• Stands

• Decorative elements

• Lighting systems

We encourage you to regularly check our website for any updates regarding the availability of accessories.

ENZAN by Tsume: Display cases for both domestic and professional use. ENZAN features showcases made of metal, PVC, and ABS, equipped with four (4) glass or plexiglass panels, designed to exhibit products from select Tsume statue ranges.

YOKA by Tsume: Board Games. YOKA by Tsume offers board games based on well-known entertainment licenses, as well as original creations.

IKI by Tsume: Licensed Ready-to-Wear. IKI by Tsume offers several lines of clothing and other officially licensed accessories, available in limited editions, as well as officially created Tsume brand products in open editions. IKI by Tsume products are crafted with quality fabrics.

Black Box

Purpose

"Black Boxes" are mystery boxes containing items that are unknown to the customer before purchase.

These Terms and Conditions of Sale (TCS) apply exclusively to the sale of "Black Boxes" available during the period indicated on the product pages.

Product Description

The Company offers two types of "Black Boxes" (hereinafter referred to as "the Products"):

Black Box (Small): contains a minimum selection of 4 mystery items.

Black Box (Big): contains a selection of higher-value mystery items.

The content of each box is randomly selected and cannot be customized.

We request the customer's size in advance in case a hoodie is included among the random items in the Black Box (Big).

After-Sales Service (ASS)

The Black Box (Small) and Black Box (Big) are not eligible for our after-sales service.

6 – Pre-order and Order Process

Customers wishing to purchase statues, figurines, or products from the ENZAN, IKI, or YOKA by Tsume ranges can place their order or pre-order via the website www.tsume-art.com . They have the option to either log in to their Tsume Client account or proceed as a guest and create an account later. Maintaining a Client account is essential for order tracking and ensuring successful delivery.

Before proceeding to payment, customers must provide essential information, including their name, email, phone number, and address, to facilitate the smooth completion of the sale. This step occurs before reaching the order confirmation page.

The dedicated product page includes:

• Photos of the prototype, based on which the product is or will be manufactured.

• Technical specifications of the product (scale, edition size, license, weight, dimensions, etc.).

• The estimated delivery time for pre-ordered products is expressed in quarters or semesters and is not an essential condition of the sales contract.

• Products subject to an order are dispatched by Tsume SA via a specialized carrier within thirty (30) days from the date of concluding the sales contract to the address provided by the customer.

For all products marked as "pre-order," customers have the opportunity to reserve them before their official release. By placing a pre-order, customers indicate their intention to order the product before it becomes available. The availability date for these products is indicative only, and available quantities may be changed at any time without prejudice.

The sale is deemed concluded upon confirmation of payment receipt by Tsume SA. In case of stock unavailability, Tsume SA will promptly notify the customer, and the order will be canceled, with any amount paid fully refunded. Tsume SA reserves the right to refuse or cancel any new order or ongoing order if the customer fails to meet payment obligations or becomes insolvent, in accordance with the terms and conditions of the contract.

After passing the quality control (QC) validation, the customer receives an email requesting confirmation of the delivery address. This step aims to ensure that the address provided during the order is correct and up-to-date, especially in case of relocation. The customer who placed the order on their account is the only one to receive this email and the only one authorized to confirm their address. This is essential, as the product will be delivered to an address where their name must necessarily appear, in accordance with legal and logistical requirements. Thus, for legal and logistical reasons, the customer cannot transfer their pre-order before receiving it.

7 - Pricing

The prices listed on the website www.tsume-art.com are in Euros excluding taxes. Information regarding value-added tax (VAT) regulations is available through the following link.

For any other taxes, please refer to the legislation of your country.

The prices from Tsume SA suppliers are subject to change. Consequently, the prices listed on the website may fluctuate. They may also be modified during special offers or sales. The applicable price is the one indicated on the website www.tsume-art.com at the time when the Order/Pre-order is placed by the Customer.

Delivery charges apply to the Customer, except for individual customers residing in France, Belgium, Luxembourg, and Germany for resin ranges. Shipping costs are expressed in Euros and vary depending on the delivery country chosen by the Customer.

In the case of Pre-orders, shipping costs are provided as an estimate during the Pre-order on the website www.tsume-art.com . These costs may vary between the time of Pre-order and the time of actual billing, which will occur in the month preceding delivery. Any potential variation in shipping costs for Pre-orders will be determined based on the delivery country and any potential changes in prices charged by the transport company responsible for delivery.

Any customs fees or other taxes are the responsibility of the Customer as outlined in Article 12 of these terms and conditions.

In accordance with Article 17.4.b of the amended law of February 12, 1979, the sale of tickets for access to Tsume Fan Days or any other event organized in Luxembourg by Tsume SA is subject to the VAT rate in effect in the Grand Duchy of Luxembourg on the day of the order.

8 - Payment Terms

We offer a variety of payment methods for your convenience, including:

• PayPal Payment : Conduct your transactions securely using your PayPal account.

• Payment Initiation Service (PIS) via Powens : A simple and convenient payment method.

• Credit or Debit Card : Easily pay with your credit or debit card.

Please note that the availability of these options may vary depending on the company's capabilities and prevailing regulations. New payment options may also become available in the future.

        8.1 - Payment in Installments

For pre-orders, we offer installment payments to individual customers. The first installment represents at least 10% of the total price of the Product, corresponding to the deposit (see Chapter 15 on cancellations). In case of payment refusal by the card issuer, a new attempt will be made, and a payment link will be sent via email to the Customer for acceptance through their Tsume Client account. Without response from the Customer or in case of non-payment within thirty (30) days following the link's dispatch, Tsume SA reserves the right to cancel the Order or Pre-order, while refunding any installments already paid.

        8.2 - Step-by-Step Payment

Please note that section 8.2 regarding "step-by-step" payment is no longer in effect and is not applicable.

9 – Product Availability

The unavailability of a Product is typically indicated on the respective Product page. Customers may also be notified by Tsume SA when the Product is back in stock.

If the unavailability was not specified at the time of the Order, Tsume SA undertakes to promptly inform the Customer if the Product is unavailable. In this case, Tsume SA may, with the agreement of both parties, propose an alternative Product at an equivalent price.

If the Customer decides to cancel their Order due to the unavailability of the Product, they will be refunded all amounts paid for that Product within a maximum period of fourteen (14) days after confirmation of cancellation via the support service or a newsletter.

10 – Waiting List

Customers wishing to acquire a limited edition Product that is already sold out may join a waiting list. To do so, they must log in to their Tsume Client account and click on the "add to waiting list" link on the product page.

It is important to note that joining the waiting list does not constitute a Pre-order or an Order according to the current terms and conditions of sale. When the Product becomes available, Tsume SA automatically sends an email to the registered Customer to inform them that a piece of the referenced item they signed up for is now available in their cart. The Customer must then log in to their account and validate their order following the usual order and pre-order process. It is imperative to meet the order validation deadline mentioned in the email. After this date, the piece will be put back on sale and offered to the next person on the waiting list.

Tsume SA reserves the right to put back on sale on its website Products marked as "sold-out" before validating the waiting lists.

Waiting lists may be kept active or closed by Tsume SA at any time, with or without prior notification to participants.

When the customer receives the notification regarding the availability of the piece in their cart, it should be noted that the payment terms and schedule may differ from those initially proposed during the pre-order or order launching date.

11 – Delivery Times

The delivery timelines vary for each Product and are contingent upon several factors, including artistic and technical production constraints. For Products in stock subject to an Order, Tsume SA ships them to the Customer within thirty (30) days of receiving full payment, subject to availability. The Customer is responsible for selecting the carrier when confirming their address before delivery.

For Preordered Products, the availability date is indicative. The delivery timeline may be subject to changes due to Acts of God or improvements in Product quality, particularly in the event of requested modifications by the Licensor or production constraints.

Tsume SA endeavors to deliver the Product within a reasonable timeframe. In the event of a delivery delay exceeding thirty-six (36) months from the purchase confirmation, Tsume SA undertakes to fully refund the Customer for their Preorder.

12 – Delivery Terms

        12.1 - Packaging:

For security and product protection reasons, it may be necessary to package the Product in multiple parcels.

        12.2 - Shipping Procedure:

Products subject to an Order are dispatched by Tsume SA to the Customer via a carrier upon full payment receipt for the said Order.

Products subject to a Preorder are dispatched in successive waves and delivered to the Customer according to a delivery date specified on the Tsume SA website purely as an indicative measure, expressed in quarters or semesters from the Preorder opening date. The Customer is informed of the actual delivery date by Tsume SA.

Upon receipt of full payment for Preordered Products, Tsume SA sends an email requesting confirmation of the delivery address as soon as the quality control sampling is validated and the product is in stock. The Customer is then invited to update their address by logging into their Tsume SA Customer account. They can modify delivery information such as address, postal code, city, country, and phone number.

In case of a change in the delivery country, the order will be put on hold so that Tsume SA can adjust transportation fees and VAT based on the new country selected by the Customer. This change may affect both shipping costs and the initial invoice of the order due to necessary adjustments on VAT.

The Product is shipped to the Customer from one of Tsume SA's logistics sites in Europe or Asia. Tsume SA then entrusts the Product to a specialized carrier mandated for delivery. The Customer receives an email, issued either by the carrier or by Tsume SA, notifying them of the shipment of their Product. This notification includes the dispatch date, carrier name, and a tracking number, if available. The tracking number, if assigned, is provided in the days following shipment, both for palletized shipments and individual parcels.

Considering the volume of certain Products, Tsume SA reserves the right to charge storage fees to Customers who do not confirm their delivery address within thirty (30) days from the receipt of the address confirmation email sent by Tsume SA.

          12.2.1 - Delivery for Ultra HQS, HQS, HQS Dioramax, and HQS+:

The table below outlines the delivery terms for this range. These conditions apply to all products available for preorder starting from November 11, 2020, for the HQS & HQS+ ranges:

 

The discount will be applied to the invoiced price excluding shipping costs. Except in cases of acts of God (natural disasters, health crises, social crises, war, logistical transportation issues, etc.). The elements listed above are not exhaustive.

As a reminder, for all Tsume product ranges, delivery times are estimates and may be modified without prejudice to the company for the following reasons:

• Unforeseen events: Natural disasters, major weather events, social unrest, labor shortages, or major strikes could delay product delivery.

• Logistic issues: Transportation delays or cancellations, shipping embargoes, or import/export restrictions could impact delivery times.

• Regulatory changes: Changes in customs regulations, security requirements, or trade policies could result in delivery delays.

• Production difficulties: Unforeseen problems related to manufacturing, such as production defects, delays in raw material supply, or technical difficulties, could lead to delivery delays.

The elements listed above are not exhaustive.

        12.3 – Change of Address, Customer's Relocation, or Absence on Delivery Day:

In the event of a change of address, customer's relocation, or absence during delivery periods, customers are required to promptly notify Tsume SA to avoid additional costs associated with multiple returns. Tsume SA relinquishes any responsibility once the product has been shipped if the recipient and shipping address provided by the customer belong to a third party.

If a product is returned to Tsume SA because the customer was not available during delivery attempts by the carrier, all return costs will be the responsibility of the customer. In the event that the customer has fully paid for the respective product(s) but fails to receive it, Tsume SA will organize a new delivery. The product will be reshipped (using a carrier designated by Tsume SA) only after the customer has paid the transportation invoice issued by Tsume SA for these additional delivery costs.

Should the product still not be received by the customer after several attempts, Tsume SA reserves the right to cancel the order and refund only the order amount, excluding fees and deposit.

For logistical and internal organizational reasons, all products are shipped via a carrier chosen by the customer and appointed by Tsume SA. Customers are unable to personally retrieve their package from Tsume SA

        12.4 – Package Loss, Theft, or Damage by Carrier:

 If there is an issue with the tracking number of the product dispatched by Tsume SA through a carrier, customers are advised to contact Tsume SA via the customer support portal at https://www.tsume-art.com/fr/support using their customer account. Upon delivery to the customer, the composition of materials in our resin range products may vary due to temperature fluctuations according to seasonal changes. It is recommended that customers wait for 24 hours (at room temperature) from the carrier's receipt of the product before assembly. In the event of delivery anomalies (such as damage, missing items compared to the delivery note, package damage, broken products, or deterioration of outer cartons and packaging in front of the carrier), customers must either reject the package with the carrier or make a note of these issues upon receipt. Failure to do so may limit recourse to customer support.

        12.5 - Payment of Taxes / Import Duties:

Orders placed for products on the Tsume SA website intended for delivery outside the European Union may be subject to import duties and taxes. These charges are imposed when the package arrives at the destination country's customs office. Any additional customs clearance fees incurred will be the responsibility of the customer. Tsume SA does not have control over these charges. By making a purchase on the Tsume SA website, the customer is considered the official importer and is required to comply with all laws and regulations of the destination country. Tsume SA advises international customers that cross-border deliveries may be subject to inspection by customs authorities. In the event that the customer refuses to pay the customs/import duties upon delivery of their product, Tsume SA reserves the right to consider the product abandoned by the customer. No refund for the product or transportation fees will be granted, and Tsume SA will reclaim ownership of the product.

13 – Warranties

Every customer is entitled to legal warranties, including the guarantee of conformity outlined in Articles L.212-3 and subsequent sections of the Consumer Code, as well as protection against hidden defects as specified in Articles 1641 and following of the Civil Code.

        13.1 - Warranty of Conformity

Tsume SA is obligated to deliver products to customers that meet the requirements laid out in Articles L.212-3, L.212-4, and L.212-5 of the Consumer Code regarding conformity defects. Article L.212-5 of the Consumer Code mandates that customers report any conformity defects to Tsume SA within two (2) years from the delivery of the goods.

According to Article L.212-6 of the Consumer Code, if a conformity defect arises, the customer has the right, under conditions specified in the article, to request bringing the goods into conformity, a proportional reduction of the price, or termination of the contract. It should be noted that Tsume SA may refuse to repair the product under conditions outlined in paragraphs 2 and 3 of Article L.212-6 of the Consumer Code.

It is important to emphasize that this legal warranty of conformity remains valid regardless of any additional commercial warranties provided with the products.

In the pursuit of continuous improvement, Tsume SA reserves the right to make adjustments to certain features and characteristics of the product in its final version compared to the prototype. Therefore, minor discrepancies cannot be considered as non-conformities.

        13.2 - Warranty for Hidden Defects

The seller is liable for hidden defects in the product sold that render it unfit for its intended use, or that so impair its use that the customer would not have acquired it, or would have paid a lesser price for it, had they been aware of such defects (Article 1641 of the Civil Code).

This warranty enables the customer, upon proving the existence of a hidden defect, to choose between a refund of the product's price if returned, or a partial refund if the product is not returned.

Legal action stemming from hidden defects must be initiated by the customer within a period of two (2) years from the discovery of the defect, in accordance with the provisions of Article 1648 of the Civil Code.

14 – Customer Support

Tsume SA extends to its customers a dedicated customer support service. This service operates from Monday to Friday, covering a span from 9:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 6:00 p.m., UTC+1 time.

Any grievances or queries concerning Tsume, IKI, or YOKA by Tsume products must be lodged electronically by generating a support ticket through the designated customer support webpage. Prior to ticket creation, customers are required to log in to their Tsume SA customer account.

Customers are expected to furnish lucid and detailed explanations, accompanied by photographs of the product highlighting the issues outlined in the request. Tsume SA advises customers to report any defects, breakage, missing components, or damages observed on the product within 14 days from the receipt date. Requests submitted beyond this 14-day period post-receipt will not fall under the scope of the provided warranty. In such cases, any return requests made by the customer, along with transportation costs (outbound and return shipping), will be billed by Tsume SA.

The customer service support provided by Tsume SA is exclusively applicable to customers who have purchased their product directly from the website www.tsume-art.com . Customers who have acquired a Tsume product from a professional reseller must contact the reseller for any support issues.

Each request will be handled individually. The customer must create one support ticket per claim: 1 support ticket per product issue.

A full refund of the item will be issued if the customer remains dissatisfied upon receipt of their support service. If the customer declines the refund, no further action will be offered by Tsume SA. The refund will be processed after the item is verified upon its return to our facilities.

Each statue from the Tsume SA brand is unique and crafted by hand in limited edition. Minor variations between products (such as lining, color, varnish, etc.) are common. These differences cannot be invoked for any after-sales service claims after the product has been received by the customer.

The after-sales service (SAV) only addresses the restoration of the product, exclusively focusing on the issues previously addressed through the support service. If the product is too damaged to be restored, Tsume may replace it entirely or partially, subject to the availability of spare parts stock.

The Tsume SA after-sales service (SAV) maintains a stock of spare parts produced in limited quantities and not reproduced upon request. Product returns for SAV support after fourteen (14) days from receipt by the customer are usually coordinated by Tsume SA and always require prior customer request through Tsume SA's SAV support.

Tsume SA disclaims any responsibility for any product returned spontaneously by the customer to Tsume SA without prior agreement through the SAV Support. No support, refurbishment, or replacement of the product will be provided, and the customer will be required to arrange for the removal of their product themselves. Storage fees may be charged to the customer for any period exceeding seven (7) days during which the product remains immobilized at Tsume SA.

In the event of a product being returned for paid or complimentary support by Tsume's SAV, no customization in sculpture or painting can be undertaken at the customer's request. The product must adhere to the technical and artistic criteria approved by the licensor when it was listed for sale on the website www.tsume-art.com .

Certain products offered by Tsume SA are equipped with a two (2)-year warranty for their electronic systems.

For IKI by Tsume products, subject to stock availability, customers may exchange for a different size of the same model. The customer is responsible for covering the cost of returning the new product.

Customers are required to complete and include the appropriate form with the returned product.

Returns of IKI by Tsume products for size exchange or exercising the right of withdrawal must be in their original packaging, in good condition, and accompanied by full accessories.

Items returned incomplete, damaged, or soiled by the customer will not qualify for refunds or exchanges.

15 - Cancellation

The customer may cancel their order or pre-order before the product has been shipped. However, cancellation is not permitted for products in the M.U.B (My Ultimate Bust) range that are subject to customization by the customer.

Customers wishing to cancel their order or pre-order should submit a ticket through their customer account on the Customer Support platform.

The order price, minus the 10% deposit, will be refunded using the same initial payment method provided by the customer. In case of the customer's credit card expiration, the refund may be processed via bank transfer or PayPal. Any financial fees incurred for the refund will be the customer's responsibility.

16 - Ownership Retention Clause

The products remain the property of Tsume SA until full payment of the price. This ownership retention clause does not prevent the transfer to the customer, at the time of receipt by them, or by a third party designated by them other than the carrier, of the risks of loss or damage to the products subject to the ownership retention, as well as the risks of damage they may cause. In this sense, Article 213-4 of the Consumer Code is also applicable.

17 - Liability

Tsume SA shall not be held liable in any event for non-performance or improper performance of contractual obligations attributable to the customer, particularly during the placing of their order. Likewise, it shall not be liable for any anomalies regarding delivery, such as damage, missing items as noted on the delivery receipt, damaged packages, broken products, or damage to the outer box and packaging during transportation.

Tsume SA shall not be held liable under any circumstances if the delivered item does not comply with the legislation of the delivery country.

Neither party shall be held liable for non-performance or delay in the performance of any of their obligations described in these general terms and conditions of sale if it arises from an act of god. Among the situations constituting an act of god, examples include requests for modifications by the licensors, production delays at factories, delays attributable to carriers, hacker attacks, unavailability of materials, supplies, spare parts, personal equipment, or other equipment, as well as interruptions of electronic communication networks, without this list being exhaustive.

18 - Right of Withdrawal

In accordance with Article L.222-9 of the Consumer Code, customers have a fourteen-calendar-day period to withdraw from a distance or off-premises contract without needing to provide a justification and without incurring any additional costs beyond those specified in Article L. 222-10.

This withdrawal period expires fourteen (14) days after the receipt of goods or the acceptance of an offer for after-sales services.

It is important to note that products from Tsume SA's various resin ranges are handmade with unique numbering or certification, and they are fragile and sealed. Once these products are opened, Article L-222-9.(7).(d) applies.

However, Tsume SA commits to finding a solution through dialogue with dissatisfied customers, provided they agree to cover management, repackaging, and transportation costs.

The withdrawal period is extended in cases of multiple deliveries or products consisting of lots or multiple pieces, starting from the day the customer takes possession of the last item or piece.

The right of withdrawal is excluded in certain cases, such as products tailored to customer specifications, perishable products, and sealed products that cannot be returned due to health or hygiene reasons once unsealed by the customer.

Customers may exercise their right of withdrawal by using the withdrawal form or by making an unambiguous statement, to be sent to Tsume SA's registered office by registered mail, or by creating a ticket via their customer account on the after-sales support platform. In all cases, an acknowledgment of receipt will be provided.

Customers must return the goods no later than fourteen (14) days after communicating their decision to withdraw. Returns must be in their original and complete condition. Any handling of the product beyond what is necessary to determine its nature, characteristics, and proper functioning may result in the customer's liability.

Upon withdrawal, Tsume SA undertakes to refund the price of the purchased product(s). Return costs and any customs duties are the customer's responsibility. The refund will be processed using the same payment method as the initial transaction, unless the customer's bank card has expired, in which case details of the new card must be provided.

19 - Extrajudicial Resolution

In the event of a disagreement, Tsume SA and the customer will attempt to resolve it amicably, including through recourse to the national Consumer Mediator service.

The European Commission also provides an online dispute resolution platform, which can be accessed here: https://ec.europa.eu/consumers/odr/ .

If the disagreement persists, the parties may seek resolution before the competent courts.

20 - Dispute and Applicable Law

Any dispute concerning the interpretation and execution of these general terms and conditions of sale is subject to Luxembourg law.

The courts of Luxembourg, Grand Duchy of Luxembourg, shall have jurisdiction over any dispute that may arise between the customer and Tsume SA regarding the general terms and conditions of sale

21 - Nullity

Should any clause within these general terms and conditions of sale be deemed null and void, such nullity shall not automatically render all other clauses contained herein null and void. All remaining clauses shall continue to remain in full force and effect.

 

22 - Personal Data Protection

The customer agrees that Tsume SA processes, collects, and uses their personal information excluding financial information.

Tsume SA is the data controller and will process this data in accordance with applicable laws and regulations.

The collection of this information is necessary for processing orders, payments, and maintaining proper business relations between Tsume SA and the customer. This data is not disclosed to third parties.

The collected data is exclusively used for processing orders placed and to be placed by the customer.

Customer data is confidential and is processed exclusively by Tsume SA and service providers of Tsume SA involved in the pre-order process for the needs of the contract, its execution, and in compliance with the law.

The customer may, at any time, exercise the right to access, modify, rectify, and delete/limit the data concerning them. To exercise these rights or request that personal data no longer be collected, processed, or used for the purposes outlined above, or to request the rectification of their data, the customer contacts Tsume SA by creating a ticket via the support page (It is essential that the customer logs in to their Tsume customer account to create a ticket).

23 - Trademarks or Properties

Tsume, IKI by Tsume, YOKA by Tsume, Tsume Store, as well as the Tsume logo, are registered trademarks and properties. Any commercial, speculative, or illegal use of these trademarks or elements listed above without prior consent from Tsume SA, or for illegal, obscene, abusive, threatening, defamatory, or slanderous purposes against Tsume SA, is strictly prohibited and may result in legal action.

24 - Cookies

In compliance with relevant data protection laws, we hereby notify you that we utilize "cookies." By accessing our website, you agree to our utilization of cookies for the purposes outlined in accordance with the Cookie Policy accessible on the website www.tsume-art.com .