Terms of Service
Article 1 : Vendor's idendification and provider of artistic service
Article 2 : Opposability of the general terms and conditions
Article 4 : Prices and invoicing
Article 9 : Goods policy for returns and receipt
Article 10 : Vendor's obligations
Article 11: Customer's obligations
Article 12 : Intellectual property rights
Article 1 : Vendor's idendification and provider of artistic service
Mini-You is a commercial brand name of Wayson LTD company with registered capital of 12 500 000€
12 RUE DE HK GAGAGA
CENTRAL CONNEXION - N° TVA FR61490555950
Tel: +86 123 456 789 - Fax: +86 123 456 789
E-mail : contact@1miniyou.com
Website : www.1miniyou.com.
Article 2 : Opposability of the general terms and conditions
Our sales are subjected to these terms and conditions which shall prevail over any other terms of sales, unless we issue a formal and express dispensation. The present terms and conditions are available on our website www.1miniyou.com but they may also be provided on request by phone, fax, mail or email. Please be aware that you must check these terms prior to placing an order in our web shop. Therefore, placing an order will signify your full agreement to these terms and conditions whatever your passation method, and any other documents that we may publish (e.g. leaflets or catalogues) must be used as rough guides only.
Article 3 : Orders
You will be able to place orders through our official website: www.1miniyou.com. Your order is placed as soon as you click on "confirm your order" and confirm the ordering process. Going beyond this step will automatically imply your agreement to both the ordering process and the present terms and conditions.
Each time you place an order, we collect information so as to have evidences of the nature, the content, the date and the payment method of your order. As we archive these data, you may consult it through your order history by accessing your customer account on the website or by contacting the customer service department by email: contact@1miniyou.com.
Article 4 : Prices and invoicing
Prices are set on the basis of the current economic conditions but delivery charges are exclusive. In addition to prices of all ordered products, delivery charges are payable by the customer and shall be invoiced at the end of the ordering process. If, for any reason (rights, taxes, exchange rate), these economic conditions are subjected to changes, invoiced prices would be likely to vary according to the evolution of these conditions.
Net prices are exclusive of tax on the tariff basis provided to buyers, unless we issue specific contrary stipulation.
The vendor declines any responsability for the applied fees as reception of the figurine in your country.It is the vendor's responsability to inquiry for laws in effect in his country, on a product like figurine.Generally, no fees will be applied because the figurine is an artist work.
Any promotional tariffs available on the website, advertised on press, published by our various partners or emailed to customers (who have subscribed to our newsletters) are applicable until the set period has expired (date and hour) and are exclusively reserved for placing orders through our website. Some promotional codes might be required to benefit from some promotional tariffs. These promotional codes are not refundable and cannot be combined with any other promotional codes. In order to use them, you must enter their respective reference in the promotional code box available on our website. This offer will not be applicable with other distribution circuits (phone, fax, mail, email, stores), unless we state otherwise.
For each delivery or part delivery, an invoice is made out to the purchaser, and it is immediately available on our website www.1miniyou.com for viewing and printing when accessing the secured client account ("My Account"). We can provide customers with copies of their invoices on request (phone, fax, mail and email). Purchasers must pay cash immediately when invoices are provided during the delivery.
Article 5 : Delivery
The delivery is executed either by the direct delivery of goods to the buyer or by a simple notice of receipt or by the delivery by a carrier. (DHL, Chronopost, Fedex)
The buyer sign up to accept the delay of delivery determined with the vendor.
This delay expired, the buyer must to contact the vendor to know the reasons. Generally, if the vendor is responsible of the late, he would take in charge the direct consequences of this late.
Any dates we specify for delivery of goods are approximate, thus, delivery deadlines must be regarded as rough guides. If a late delivery occurs, we shall not be liable to compensate the concerned purchaser in damages nor to refund him the delivery charges nor to accept to cancel his delivery.
If, however, one month after the delivery date, the product has still not been delivered for any other reason than an act of god, the sale may be cancelled upon the request of either party. The purchaser may then have his deposit refund to him but any compensation for damages will be excluded.
In any event, delivery within the scheduled deadlines can take place only if the purchaser is up to date with the payments owed to the vendor.
We shall provide the buyer with its goods at the agreed place of delivery. In the event of non-delivery, you must inform the vendor by a statement in writing. Then, an inquiry will be carried out among the carriage services for a minimum 21 days. We can neither accept returns from purchasers nor to give them a refund on their products as long as the loss of delivery has not been confirmed by the inquiry.
In the event of any damage or missing quantities, it is your responsibility to raise any objection on the receipt provided by the carrier in presence of the delivery man. The grounds for the said objection must be stipulated precisely, and the objection must be confirmed within two working days following the delivery of goods, by sending registered letters to the vendor and to the carrier. If you fail to make these objections, we will not and should not be hold responsible for this kind of incidents and therefore we will not take into account any request for damages.
Article 6 : Late delivery
A late of delivery may be caused by these reasons:
- Confirming the order: As a safety precaution, all orders are checked so as to protect our clientele from possible credit card fraud. Additional personal details may be requested to the purchaser to confirm its order. Besides, anyone who places an order for an amount which is higher than our price ceiling shall provide us an id and a proof of residence by email, fax or mail. Unless you provide us these supporting evidences, the order will become void 8 days after the date of order.
- Availability: We make our best efforts inform you about product availabilities as truly as possible. Delivery deadlines that we display for products needed for restocking are subjected to modifications without notice and they are mostly depending on the information provided by our suppliers. The availability information published on our website must be used as a rough guide and it is not a contractual commitment.
- Cancellation of the order: unless you make an explicit request by phone, fax, email, mail or on the spot, if we fail to make a delivery 30 days after the date of order, you will be notified about the cancellation of the delivery as soon as possible by email, fax, or mail. Then, you will be refunded your payments by cheque, bank transfer or credit cards in euros within 30 days.
The vendor will not be responsible for non-execution of its contractual obligations caused by the above events. Therefore, following a late delivery, we will not take into account any request for damages.
Article 7 : Product details
The goods features are available on the website www.1miniyou.com. Pictures are not part of the contractual field. Thus, the vendor cannot be hold responsible for pictures displaying mistakes. All texts and images are protected by copyrights and intellectual property rights and this apply to the whole world; complete or part reproductions are strictly prohibited without the consent of the company. What's more, you may not create hypertext links to our website without the express permission of the legal representative of the company.
The figurines are made by craftmen.In placing an order to the website, you tacitly accept the work of our artists.All demand of refund for any reason of lifelike will be refused.
Article 8 : Payment
The payment have to be in cash and at the moment the only way to pays is by:
- Credit Card: (Visa or Mastercard): the online payment process of the website is secured (128-bit SSL SuperCert encryption). Bank cards are debited on the delivery day and not when you confirm your order. However, the order will not be taken into account until the transaction is agreed by the relevant bank payment centres. In the event of refusal on the part of the bank payment centres, we reserve the right to suspend your orders. You will be notified by e-mail, fax, mail or phone and you will have to contact your bank to release the transaction.
Article 9 : Goods policy for returns and receipt
The figurine cannot be returned or exchanged without our express consent. Generally this agreement is impossible because of the unique nature of a figurine. It eventually exists very rare cases where the vendor can accept a return.
This case can not be reclaimed and asked by the buyer,this one have to be considered like exceptional and according to the judgement of the only one vendor.
In the case of a found compromise, all packages sent to us without a return number will be systematically refused.
The figurine shall be retuned in its original packaging, in an undamaged state with no modification, the overall goods return must be protected by a secondary packaging which clearly displays the return number. If you fail to follow such measures, we reserve the right to refuse return of products since our artists impose us the same constraints.These cases are an extremely and exceptional nature, it is useless to ask for a refund or a return/exchange in the case of the above quoted of the lifelike;these figurines could not be taken back,exchanged or refund.
You are responsible for risks and charges regarding return of goods. It is your responsibility to provide any proof of faults and you must make it easy for the vendor to be able to notice these defects and to take care of them. For any distant sales processes, you have a period of 7 days from the delivery date to send us back the product(s) and to ask for exchange or refund of product(s) (art. L 121-16 al. 1 Code de la consommation française.), provided that you comply with the above terms, notably the return number and the packaging conditions. This law is not applicable for business to business relations [a notice from the DGCCRF (a French organisation managing competition, consumption and also acting as a Fraud Squad) n° 89-145 dated 28 December 1988, BID (news and documentation report) 1989/5 p.6]and in the case of customized products made by hand. Please contact the vendor if you want to do a return.
Article 10 : Vendor's obligations
The vendor doesn't guarantee the lifelike in the making of the figurine and this reason can not be quoted for the demand of a refund.
The vendor sign up to respect the determined delay and to inform the buyer if any problem will modified the conditions of selling.
Article 11: Customer's obligations
It is your responsibility to define your needs and to choose your figurines.
You shall pay your charges by the set deadline.You are responsible for the photos you have sent and the result of the figurine based on these photos. The vendor have the right to refuse the making of a figurine if the client's photo are unacceptable.
Article 12 : Intellectual property rights
Any form of use of our trademarks is reserved.
What is more, using any trademarks that we distribute is prohibited.
Article 13 : Suspension of obligation by acts of god
In addition to the usual elements upheld by the French common law, if any factor beyond our control prevents us from performing normally the fulfilment of the contract, our obligations shall be automatically suspended, notably because of:
- fire
- storm
- flood
- computer breakdown.
If any of the above events do prevent us from offering you our services, you will be notified as soon as possible.
Under no circumstances should suspension of obligations be considered as a cause of responsibility for non-execution of obligations, nor should damages and late penalties be paid to customers in that case. Once the cause of suspension of the obligations has been removed, the vendor shall notify the client of the resumption of its obligations.
Article 14 : Dispute resolution
Hong-Kong law shall govern the relationship between parties.
Both parties shall first attempt to reach an amicable agreement prior to engaging in any litigation procedures.
Any litigation related to the present sale, even in the event of recourse guarantee or multiplicity of defendants, will fall within the exclusive competence of the Trade Court which our head office is subjected to, that is to say the Commercial Chamber of First Instance of General Jurisdiction of Hong-Kong.
