– Terms and Conditions –
The client acknowledges having accepted, at the moment of purchasing, the terms and conditions of sale of NamekToys and expressly declares their acceptance of said terms without any reserve.
These must be considered as being the case between parties and neither the general terms and conditions or the special terms and conditions of our buyers will be taken into account, unless express written permission is given on our part.
The present terms and conditions of sale inform every eventual consumer of the conditions and modes in which the seller proceeds with the sale and the delivery of products ordered, and to define the rights and obligations of the 2 parties, vendor and customer.
These terms and conditions are applicable, without reserve or restriction, to all the sales of NamekToys.
Consequently, the action of all persons to order a product displayed for sale on namektoys.com/fr, brings with it the acceptance, fully and completely, of the current general terms and conditions of sale, which the Buyer acknowledges as having knowledge of prior to their order.
The Buyer prior to their order must confirm that:
He is at least 18 years of age or older, or are in possession of parental authorization.
He has complete juridical capacity, allowing them to engage under the present general terms and conditions of sale.
The Buyer must complete the payment at the time of the order. At no moment can the funds transferred be considered as arrears or credit.
The cashing of the entirety of the amount of the order will be performed at the moment of the confirmation of the order.
The Buyer guarantees to NamekToys that they have access the authorizations eventually needed to use the mode of payment that they have chosen, at the moment of registering the purchase order.
NamekToys reserves the right to suspend or cancel all orders and/or dispatched items, whatever the nature and stage of execution, in the case of non-payment of the entire sum that is due by the Buyer, or in the case of an incident with payment.
The shipping name and address filled on the website at the checkout of your order and the name and address registered on your Paypal account used for the payment of this order must be the same, if there is any difference, the address registered on your Paypal account will be used.
No claim will be accepted in case of non delivery if you fill different shipping information on the website and on your Paypal account.
It is your responsibility to keep your Paypal personal information up to date. However in some cases (it is not compulsory for us to do it), we might contact you to make sure of the delivery address, it will prolong the treatment of your order.
Information regarding the products:
The entireties of all products sold by NamekToys are original licensed products, we do not sell any counterfeit items.
The Seller reserves the right to modify the availability of products, depending on his suppliers for exemple.
The photographs, graphics and product descriptions of items displayed for sale are indicative only, and do not bind the Seller.
In the event a supplier modified a product, the graphic representation of this is not the Seller’s responsibility and they are not liable for it, nor does it affect the validity of the sale.
The prices are indicated in euros/€ and include shipping prices without any shipping insurance and are only valid at the time of the transmission of the order by the consumer.
Some options might be add by the customer before the checkout or shipping insurance can be purchased by contacting us, the insurance terms and condition to be used will be these of the shipping company.
The Availability of Products:
The availability of products is indicated on the description page of every product.
In the event where a product is unavailable despite the information in the page description, NamekToys will inform the Buyer by e-mail as soon as possible. In the event of permanent unavailability, the order will be cancelled and refunded.
The Buyer cannot cancel an order.
All pre-orders can be cancelled without fee within 24 hours only, your request should be made by email at email@example.com.
Past this time, all cancellations will result in a fee valued at 10% the value of the pre-ordered product.
After the release date of a pre-ordered item it cannot be cancelled. As well as an expedited order cannot be cancelled.
The Buyer can nevertheless exercise their right of withdrawal, as explained below.
No refund or exchange will be accepted on Apparel/Clothes/Vintage/Oldies/2nd hand categories.
Right of Withdrawal:
The Buyer has a 21 days period they can return, at their expense, any products that do no suit them. This period begins on the day of shipping of the order.
All returns should be reported prior to being sent back, through the Customer Service at firstname.lastname@example.org.
Shipping return address will be given by email. In order for the Buyer to benefit of the right of withdrawal, the products must not have been unsealed.
Only products maintained as a whole and in their original packaging, intact and in perfect condition, can be returned.
All products that have been damaged, or whose original packaging has deteriorated, will be neither reimbursed nor exchanged. Products must still sealed in their original packaging.
This right of withdrawal will result in a fee valued at 10% the value of the product. In the assumption of the exercise of the right of withdrawal, the Buyer has the right to ask for either the reimbursement of the sums paid, or the exchange of the product.
In the event of an exchange, the re- shipping will be done at the cost of the Buyer. In the event of the right to withdrawal being exercised, the Seller will make every effort to reimburse the consumer within 30 days after the return of the product.
However, given the technical nature of the products sold, this delay could be extended to 60 days, in particular when the product requires a technical verification (cf products must be checked first).
The Buyer will then be reimbursed by re-credit to their paypal account they used to pay the order. The product must be sent back in the original shipping box with the same quality of protection in order to avoid any damages during the shipping, otherwise it can result in a fee valued at 20% (instead of 10%) the value of the product if it get damaged because of carelessness.
No refunds or exchanges will be accepted on Apparel/Clothes/Vintage/Oldies/2nd hand categories, the right of withdrawal won’t be accepted on these categories once items are shipped.
New products are accompanied with the guarantee of the maker only (if he has one).
Most of the collectible items are chain factory built in big quantity, small imperfections in the paint and sculpt can happen, these are not under guarantee, we won’t accept any claim and won’t give any compensation for these. However if the imperfection is big enough and influence the design and looking of the item, we will study case by case after receiving your pictures. Please make sure to check your item through the sealed plastic, no claim will be accepted if the sealed plastic has been opened or damaged.
This guarantee does not cover hidden defects that could appear after 21 days from the shipping date.
If the Buyer encounters a problem with electronic goods bought at NamekToys during the next 2 months of the shipping date, they can contact the Customer Service at email@example.com and return, to the Seller, the defective purchases.
The Seller will then contact the Customer Services of the relevant company.
The Buyer will have to pay the shipping costs. All product returns under the guarantee specified must be subject to prior agreement with the Seller, in case of agreement you will be given a reference number. No return will be accepted without prior authorization from NamekToys.
Problems of Conformity:
In the event of the delivery of a product that does not correspond with the order (defective for electronic or non-conformant), the Buyer must lodge a complaint within 21 days after the shipping date.
The complaint must be addressed by a registered letter with acknowledgment and must include:The contact information of the Buyer References of the product. Details of the complaint.
The return of the products must have been done within 7 days of receiving a return number by the customer service of NamekToys.
Without a return number NamekToys will not proceed with any exchange of reimbursement of ordered products.
All products to be exchanged or reimbursed must be returned to NamekToys in their original packaging and must contain the entirety of the products and accessories.
The shipping costs will be covered by NamekToys, except in the case where the product received or exchanged does not correspond with the original declaration made by the Buyer when they lodged their complaint.
All risk related with the return of the product will be charged to the Buyer. A lack of adherence to the procedure outlined above and to the specified times, and the Buyer will be unable to formulate any complaint for non-conformity or apparent defects with the delivered products, the products having been therefore considered conform and exempt from any apparent defects.
All conditions from the paragraph « Product Guarantee » will apply in this section as well.
Products listed as Oldies, Vintage and Second hand category:
These items are sold as you see it on the pictures and as described on the product description.
As they are old and/or second hand, they may have some wear.
No claim, refund or return will be accepted on items from this category.
Please check carefully the pictures and read carefully the description before check out.
We are not selling counterfeit items or brocken items, we check all products of this category carefully before selling, so you still can buy them with confidence.
Some products can be very old and still sealed, we won’t open the package before shipping, they will be delivered sealed. Only the outer backaging will be checked.
Products listed as Gourmandises, Friandises, Candy:
Please check carefully the pictures and read carefully the description before check out.
Chocolate base products and/or melting textures products might arrived to their destination melted depending on the temperature of the countries they transit to.
No claim, refund or return will be accepted on items from these category.
Terms of Delivery:
The products will be delivered to the address indicated by the Buyer in his Paypal account, in case of different address registered in our website compared to his Paypal account, no claim will be accepted in case of non delivery, it is your responsibility to keep your Paypal personal information up to date. However in some cases (it is not compulsory for us to do it), we might contact you to make sure of the delivery address, it will prolong the treatment of your order.
The Buyer must check the state of the packaging of the merchandise at the delivery and must signal any damages due to transport on delivery, as well as to the Seller, within a week.
Delivery Problems due to Transportation:
All anomalies concerning the delivery (delivery average, missing products compared to the delivery, damaged package, broken product…) must be reported immediately on delivery under the form of “handwritten reserves”, accompanied by the signature of the client.
A proof that it has been signal on the delivery slip must be sent to NamekToys, such as a picture of the original delivery slip taken during the delivery.
Our website propose multiple forms of delivery (with or without insurance). These are left to the decision of the Buyer.
The consumer must also confirm this anomaly by addressing the company of the transportation used within 2 days of the date of delivery, mailed with return receipt stating such claims. The consumer must then transmit a copy of this letter by e-mail at firstname.lastname@example.org
All orders could be subject to any taxes and customs imposed when the package reaches its destination.
Any taxes or customs linked with the delivery of the goods are charged to the Buyer and are their responsibility.
The seller is not held to verify and inform the Buyer of any customs or taxes that may be applicable or not.
To be aware of such things, the Seller recommends to the Buyer to inquire about such to the relevant authorities of their country.
Neither party will have failed their contractual obligation, in so far as their execution is delayed or prevented by an unforeseeable circumstance.
Will be considered unforeseeable circumstance all events, external to both parties, unforeseeable, inevitable, independent of the actions of both parties and that could not be prevented by the latter, despite any efforts that were reasonably possible.
The party affected by such circumstances will notify the other within 10 days of the date when they will have had knowledge the incident.
Both parties will then, within a delay of one month, excepting in the impossibility of doing so due to the unforeseeable circumstance, will examine the impact of the event and agree to conditions under which the contract will be continued.
If the unforeseeable circumstance lasts for longer than three months, the present terms and conditions may be terminated by the injured party.
Expressly, those considered unforeseeable circumstances beyond those usually considered by the current case law and courts: the blockage of transportation means and supplies, earthquakes, fires, storms, floods, lightning; the stopping of telecommunications or difficulties specific to the external telecommunications networks to customers.
NamekToys cannot be held responsible for the breach of contract in case of shortage or unavailability, of unforeseen circumstances, of disruption or total or partial strikes of postal services and means of transport and/or communications.
NamekToys cannot be held responsible for any indirect damages that may occur due to the purchase of products.
NamekToys will not be responsible for any loss of data or files. It is for the Buyer to proceed with the necessary safeguards NamekToys cannot be held responsible for any delayed caused by the delivery company, even if the package has been declared lost by the delivery company.
If the buyer didn’t purchase any insurance for the shipping of his order, NamekToys won’t give any compensation or reimbursement if the package has been lost by the shipping company.
The total or partial impossibility of using the products, for reasons relating to the incompatibility of the material is not the responsibility of NamekToys nor will it give rise to any compensation or reimbursement as well.
Failure at delivery:
If the package is not delivered successfully and is returned to us due to reasons including, but not limited to, customs charge unpaid, parcel unclaimed, addresse unreachable, etc., NamekToys will cancel the order upon receiving the returned package, deduct the shipping costs from the original payment, deduct a fee valued at 20% the value of the product and refund the rest of the amount.
The shiping costs and the returned shipping costs are based on charges made by Chunghwa Post or Japan Post. NamekToys makes no profit from these charges.
If one or more of the terms and conditions stipulated are held to be invalid or declared as such in the application of a law, a regulation or others, all other terms and conditions will remain in full force and effect.
Registered Headquarter Address: NamekToys – Pan Pan Toys Co., Limited. 新竹市 北區 光華街93號7樓之一 (SkyLux-胖胖公仔有限公司).
Taiwan law informs the terms and conditions. If a dispute arises in relation with the terms and conditions or separate terms, the Taiwan applicable law is the agreed exclusive jurisprudence of the first hearing.
The information collected by NamekToys at the moment of the all orders by the Buyer are necessary for the management of their order by NamekToys and its commercial partners. Conforming with the Data Protection Law no. 78-17 of January 6 1978, the Buyer has the right of access, rectification, opposition and deletion of data that concerns them by contacting NamekToys.
Insurance purchased at checkout:
The insurance purchased at the Checkout page is a service offered by NamekToys and will guarantee you a 100% refund of your order (insurance deducted) in the case of package lost by the delivery company.
In order to claim the refund of your package by NamekToys you must:
- Fill a claim at your local post office between the 2nd months and the 3rd months after the shipping date.
- Provide us with a physical copy of the claim (the copy must be stamped or signed by your local post office), or, in case of online claim, you must CC us in all the emails from and to your post office.
- Provide us the result of your Post office investigation in the search of your package. Post office always conclude their investigation with an email or a letter. This and only this document will proof the lost of your package. (Post office investigation usually last for about 2 and 3 months for the search of a package, please be aware that the entire process might be long and might take up to 6 months in the worst cases).
The refund will be proceed within 30 days after receiving the Post office investigation result.
You will be refunded on your Paypal account on the original transaction of the concerned order.
If the tracking of the shipment mention « delivered », no claim will be accepted, regardless of the above.
This service of insurance is non refundable and no subject to claims.
Be aware that all fraud/tentative of fraud/non respect of the above conditions will result in legal pursuit.