1. Acceptance of Terms and Conditions and Amendments
Each time you use or cause access to this web site, you agree to be bound by these Terms and Conditions, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms and Conditions.
2. Our Service
Our web site and services provided to you on and through our web site on an “as is” basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use this website, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and Conditions and as may be modified by us from time to time and available here.
4. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorised by you. You agree to immediately notify us of any unauthorised use or your registration, user account or password.
5. Your Conduct
You agree that our website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this website nor for any error or omission.
You explicitly agree, in using this website or any service provided, that you shall not:
(a) provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising without our prior written consent;
(e) provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
6. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
8. Disclaimer of Warranties
You understand and agree that your use of this website and any services and or content provided (“The Service”) is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, implied or express, that any part of the services will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quantity, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the services provides professional advice of any kind and use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
9. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been adviced of the possibility of such damages), resulting from or arising out of (i) the use of or the inability to use this service, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service, (iii) unauthorised access to our alteration of your data transmissions, (iv) statements of conduct of any third party on the services, or (v) any other matter relating to the service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
10. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
11. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
12. Applicable Law
You agree that these Terms and Conditions and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
13. Returns and Refunds Policy
You have 16 calendar days to return an item from the date it is shipped from us. To be eligible for a return, your item must be unused and in the same condition that you received it. All items must be sealed, unopened and in their original packaging. This includes, but is not limited to, items that are damaged in transit. Your item needs to have the receipt or proof of purchase.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies. Please note that returned items will be subject to a 15% restocking fee, which will be deducted from the refund.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
14. Shipping Policy
Customers are responsible for their own shipping costs. Toku Toy Store offers shipping on a liability free basis. We are not responsible for items lost in transit during delivery. Proof of postage is obtained for all items. We will support you in retrieving the cost of the item from the applicable shipping company (e.g. myHermes, Royal Mail, Parcelforce) but accept no liability should such a claim be unsuccessful. All orders are insured up to the value of £20 as standard. Further insurance of packages is available; should further insurance be required, it must be purchased during checkout. All orders are shipped within 5 working days but most parcels are shipped next day.
15. International Shipping & Handling Policy
Our full shipping service is offered internationally to the following countries and territories:
Austria, Belgium, Canada, Czech Republic, Denmark, Ireland, Finland, France, Germany, Hungary, Italy, Luxembourg, Netherlands, Portugal, Slovakia, Spain, Sweden, United States of America.
Orders to the majority of these countries are restricted to a total weight (including packaging) of 15kg and a total size (height, width and depth) of 2.25 metres, with no one side being longer than 1.2 metres.
Orders to the US/Canada are restricted to a total weight (including packaging) of 30kg and a total size (height, width and depth) of 3 metres, with no one side being longer than 1.5 metres.
If we are unable to pack your items to meet this criteria, further shipping charges may be payable in order to ship some items separately.
We may be able to ship to other countries, on request, please message us for a shipping quote before purchasing.
All international orders are insured up to the value of £20 as standard.
16. Pre-Order Policy
Newer items are made available by Toku Toy Store on a pre-order basis. A surplus may be available for general sale following product release but is not guaranteed. All pre-orders must be paid, in full, in advance and are non-refundable. In the unlikely event that we are unable to secure enough of an item to complete all pre-orders, they will be fulfilled on a first ordered, first served basis. We will attempt to complete your order in the following wave of releases and will keep you updated throughout the process. In the event that a product release is cancelled or Toku Toy Store is unable to secure enough units to fulfil your pre-order, you will be refunded in full at our earliest opportunity. In the very unlikely event that international shipping and taxes cost more than originally anticipated, a further payment will be due before delivery can be made. Toku Toy Store can accept no liability or responsibility for manufacturer defects. Toku Toy Store is unable to return pre-ordered items for refund/replacement.
Premium Bandai products are special order items. As P-Bandai take payment for orders in advance, all orders placed through Toku Toy Store must also be paid in advance. Advance/pre-order payments are non-refundable. Toku Toy Store can accept no liability or responsibility for manufacturer defects. Such defects are rare but in the event that P-Bandai issue replacement parts for items (as they did with the Artisan Aura Changer), Toku Toy Store will endeavour to secure these replacements but cannot guarantee them. Toku Toy Store is unable to return units to P-Bandai for refund/replacement. In the event that a product release is cancelled or Toku Toy Store is unable to secure enough units to fulfil your pre-order, you will be refunded in full at our earliest opportunity. In the very unlikely event that international shipping and taxes cost more than originally anticipated, a further payment will be due before delivery can be made.
17. Miscellaneous Information
(i) In the event that these Terms and Conditions conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact; (ii) The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
By continuing to browse or otherwise access the website, you signal acceptance of the Terms and Condition set out above. If you do not accept any of these terms, leave this Web Site now.