1. Acceptance of Terms and Conditions and Amendments
Each time you use or cause access to this website, 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
This website and services provided to you on and through our web site on an “as is” basis. You agree that the owner of this website exclusively reserves 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.
Toku Toy Store provides services at the following locations:
Toku Toy Store accepts no responsibility or liability for any services outside of the locations listed above.
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, Password & GDPR
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify us of any unauthorised use or your registration, user account or password.
Toku Toy Store will only collect personal data supplied by users and site visitors. This may include personal data, such as your name, email address, personal account preferences; transactional data, such as purchase information; and technical data, such as information about cookies. Records of all transactions are kept confidentially for purposes of tax and audit. By submitting data to us, you consent to it being stored.
We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
While you visit our site, we’ll track:
- Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
- Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
- Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages, if you choose to receive them
- If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for 5 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day. When visitors interact with this website, we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
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, libellous, 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 advised 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 a proof of purchase, such as your order/transaction number.
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 & Handling Policy
Toku Toy Store offers shipping on a liability free basis. Customers are responsible for their own shipping costs. We are not responsible for items lost or damaged during transit. Proof of postage is obtained for all items. We will support you in retrieving damages for the item (up to your selected insurance amount or value of the item, whichever is lower) 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
As of January 16th, 2019, Toku Toy Store now ships worldwide to over 200 countries. Shipping rates/costs have are calculated at checkout based on a number of conditions, including package weight and size. In the event that a miscalculation should occur during this automated process and more postage funds are required, Toku Toy Store will contact you to seek additional payment. Should you wish to cancel your order at this point, please let us know. All international orders are insured up to the value of £20 as standard.
Orders to the majority of countries are restricted to a total weight (including packaging) of 10kg 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.
Depending on the country, import charges may be levied by your nations customs authority. All import/customs charges are the responsibility of the customer. Where Toku Toy Store is asked to complete a Customs Declaration (CN22) for your parcel, it shall be done accurately with the full amount of the purchase listed. We will not mark items as “gift” on these declarations – to do so would be fraudulent; please do not ask.
Unfortunately, for reasons of insurance, we are unable to ship to the United States and Canada.
If you are unable to view a shipping cost calculation for your country, please contact us for further advice.
16. Preorder 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. For some, but not all, preorderable items, you will be able to pay a deposit to secure your order and pay the rest of the balance when the product reaches Toku Toy Store. Other items require full payment in advance. Preorders made by ‘deposit & second payment’ method may cost more than when payment is made in full. Payment for shipping costs is taken either when a second or full payment is made. Once a preordered item that has been secured with a deposit has arrived, you have 21 calendar days to make the final payment or risk losing the item and/or your deposit. All advance/preorders payments made are non-refundable, without exception.
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 preorder, 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 preordered items for refund/replacement.
Premium Bandai products are special order items. 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, for example), 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.
All preorder listings will include an anticipated arrival date. This is based on the release date of the product as well as expected international delivery times. This date is not a guaranteed delivery date and can be amended at any time without notification.
17. Back Order Policy
Some general release items are available at Toku Toy Store via Back Order. This means that the item you are purchasing is not currently in stock at Toku Toy Store but can be secured via our suppliers within a reasonable timescale. When a Back Order is placed, Toku Toy Store will endeavour to receive your item within 2 weeks but, due to the nature of the imported products in question, this can sometimes take longer. If an Back Order is placed as part of an order alongside in stock items, we may wait for the Back Ordered item to arrive to dispatch your order. This would be because only enough postage costs have been taken to cover one shipping order from us to you. If we are able to do so, based on the amount of postage you have paid, we will dispatch the bulk of your order and send the back ordered items separately. We will normally inform you of the progress of your order as it occurs but please do not hesitate to contact us with any questions. Once we have secured your back ordered product from our suppliers, it is non-refundable.
18. 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 website now.
Last updated January 16th, 2019