TERMS AND CONDITIONS

  1. TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE

Welcome to Q-COLLECTIBLES ! We develop and sell collectible statues under official licences.

 

1- DEFINITIONS

Deposit: amount of money paid in advance by the customer when purchasing a product. Deposit applies to pre-order items and in-stock items. Its value represents a “x” percentage of the price of the product (incl. all taxes) and is retained by Q-Collectibles in case of a cancellation requested by the customer, concerning one or more orders or pre-orders.

Right-owner: Company that possesses the rights to a given intellectual property.

Technical features of a product: set of data defining a product that includes, but is not limited to, the dimensions, weight and materials used.

Customer: refers to the contractual partner of Q-Collectibles.

Consumer: any physical person who purchases goods and services for personal use.

Order: purchase of any in-stock product made directly by the customer that has been paid for immediately and in full by the customer on the Q-Collectibles website.

Opening date for pre-orders: date from which the customer has a right to place a pre-order concerning a product that is currently being produced and is not yet available in stock.

Pre-order: specific order that can be place directly by the customer at q-collectibles.com, concerning products that are yet to be made (or are currently being made) and therefore not available in stock, by means of a firm reservation with payment in full.

Price: price set by Q-Collectibles for products that appear on the website q-collectibles.com at the time of the conclusion of the sale contract and to be paid by the customer in full should the latter wish to purchase the goods.

 

2- IDENTIFICATION

Q-Collectibles
Rohracker 2
9527 Niederhelfenschwil / Switzerland

Represented by:

Sandro Grütter

Contact:

Telephone: +41 (0) 77 266 22 99
Email: sandro@q-collectibles.com

Register entry:

Entry in the Handelsregister.
Registering court: Handelsregisteramt des Kantons St. Gallen
Registration number: CH-320.1.082.252-8

 

3- SUBJECT AND GENERAL PROVISIONS

The present Conditions of Sale apply to any purchase made from Q-Collectibles by a customer.

The present Conditions of Sale apply to sales made via the website q-collectibles.com as well as sales made by Q-Collectibles at trade shows and events.

At the time of placing the order or pre-order, the consumer acknowledges that they will be considered to have understood and accept the present Conditions of Sale without the need for any handwritten signature.

In placing an order or a pre-order on the website q-collectibles.com, or at a trade show or event, the customer acknowledges that they understand and accept the present Conditions of Sale and expressly agree to the conditions without any reservations.

The consumer will be deemed to have agreed, without reservation, to all of the provisions outlined in our Conditions of Sale.

No general or specific conditions present in the documents sent or handled by the consumer will be included in the present conditions, where these documents would not be compatible with the present general conditions.

The customer recognises that they have taken the necessary advice and information to ensure that the offer meets their needs. The customer declares that they are in a position to lawfully contract, under Switzerland law, or represent the individual or legal entity they are representing. Unless otherwise proven, the information recorded by Q-Collectibles will be proof of all of the transactions.

 

4- AMENDMENTS TO OUR CONDITIONS OF SALE AND WHEN THEY WILL COME INTO FORCE:

Q-Collectibles reserves the right to modify at any given time the present general terms without notice, it being understood that such modifications will not affect the services already purchased by the customer.

The customer is subject to the Conditions of Sale in force at the time they place their order, unless any changes to these Conditions of Sale is required by any administrative or government authority.

Should any of the clauses of these Conditions of Sale be deemed to be invalid, null or declared inapplicable for any reason, this clause shall be deemed separable and shall not affect the validity or effectiveness of the other provisions and clauses of the present Conditions of Sale.

 

5- PRODUCT INFORMATION

Products made available to order or pre-order are those present on the website of Q-Collectibles (products sold by us during conventions or events are included), subject to availability.

For any product on sale on its website, Q-Collectibles offers its customers a detailed summary of the main characteristics of the product in question. This summary also contains the price of the product in swiss francs, as well as, where appropriate, the shipping costs.

Descriptions, details and pictures showing statues, are as accurate a depiction as possible, but are provided solely for illustrative purposes and therefore have no contractual value.

Products are subject to the approval and validation of the right-owners, who may exercise a right of return and consequently modify said product.

Seeking to constantly improve the quality of its products, we may modify the characteristics of its products. The product may be subject to modifications depending on the stages involved in its production. Therefore, for quality purposes, or in the event of a request from the right-owners of said product, the estimated dispatch dates may be postponed.

Q-Collectibles offers the following products for sale:

LPS (limited premium statues): statues produced in very limited numbers, each one of them comes with a certificate of authenticity and is manufactured in limited numbers.. They are made on a scale of 1:4. They are built on a resin base but other materials (such as metal, ABS, etc.) may be added for technical reasons.

Each statue is unique and hand-made. All these products are collectible statues under official licenses. They are not toys and are meant for people over 14 (fourteen) years of age.

The outer boxes used to protect the inner box are not collectibles. Their only purpose is to protect both the parcel and they are numbered only for logistics purposes.

 

6- PRE-ORDERING / ORDERING

Any customer wishing to buy a Q-Collectibles product can place their order or pre-order on the website www.q-collectibles.com as follows:

Log into their personal account or create one. (Having a customer account is mandatory if the customer wishes to purchase on the Q-Collectibles website)

Select the product they wish to purchase before being redirected to the selected product webpage where they will find the following:

Non-binding photos of the prototype, based on which the product has been or will be produced.

Technical characteristics (scale, license, weight, dimensions, etc.)

Estimated shipping time (pre-ordered products only), expressed by quarter or semester and not considered a fundamental condition of the sale contract.

Ordered products are shipped by Q-Collectibles to the customer with specialist carriers within 30 (thirty) working days following the date of the conclusion of the sales contract.

In the case of products marked ‘pre-ordered’, the customer has the opportunity to order them before their official release. By placing a pre-order, the customer indicates their intention to order the product before it becomes available. For these products, the availability date has only an approximate or guide value. The available quantities may be modified at any time, without prejudice.

Adding the product to the cart (in order to prevent any speculation and to allow the maximum number of people to order a limited-edition product, Q-Collectibles restricts the purchase to only one unit per person and per order or pre-order for all our products).

Confirming an order or a pre-order: being redirected to a summary page concerning the selected products to confirm their cart and their personal details such as billing address, shipping address, phone number, etc.

Choosing the method of payment: all orders require a deposit corresponding to “x” percentage of the price of the product(s) incl. taxes.

Clicking on the ‘confirm and pay’ button which only visible and available once the customer accepts the present Conditions of Sale.

Filling in the financial information and confirming the payment before being redirected to a thank you page.

Receiving an order confirmation by email to the email address linked to the customer’s account.

The sale is considered concluded once the order has been confirmed by Q-Collectibles.

In case of a stock shortage, Q-Collectibles will advise the customer as quickly as possible, in which case, the order will be automatically cancelled and any sums already paid fully refunded.

Q-Collectibles reserves the right to refuse or cancel any new order from a customer in the event of any unpaid invoices or in the event of insolvency.

The customer receives an e-mail asking them to confirm their delivery address once the production in the factory is nearly complete (the order is nominative and personal and cannot therefore be transferred on another account).

For logistic reasons, the customer can not, under any circumstances, assign their pre-order to a third party before receiving it.

 

7- PRICES

The prices stated on the website q-collectibles.com are shown in swiss franc, incl. taxes (Switzerland VAT and other applicable taxes).

Q-Collectibles suppliers’ prices are subject to change. Consequently, the prices stated on the website may also change or be modified to reflect special offers or sales. The prices stated are applicable and valid, unless in the case of gross error. The applicable price is the one stated on the website on the date the customer places the order.

For export sales, prices and shipping costs are net excl. taxes.

Shipping costs may be applied to certain ranges of voluminous products or in the case of orders or pre-orders that encompassing several products meant to be shipped or any orders under 50 (fifty) swiss franc incl. taxes.

Shipping costs are expressed in swiss franc and may vary according to the country of delivery chosen by the customer.

For pre-orders, shipping costs will be solely communicated by Q-Collectibles for information purposes. These costs may vary between the date the customer places the pre-order and the date on which Q-Collectibles invoices them, the latter occurring in the month preceding delivery. Any cost variation for shipping pre-orders will notably depend on the country designated by the customer and to any changes in the prices charged by the shipping company in charge of the delivery.

Any customs fees or any other form of taxes will be charged to the customer as mentioned in Article 12 of the present Conditions of Sale.

 

8- PAYMENT CONDITIONS

The order has to be fully paid on the day the customer places it, by a secure payment method, according to the payment conditions outlined on the website of Q-Collectibles.

Shipping costs, which vary depending on the country the customer has selected, will be invoiced separately. The customer will have to pay them as soon as they receive the separate invoice for shipping, which will be sent to them in the month preceding delivery. The invoice has to be paid according to the payment conditions Q-Collectibles has outlined on its website.

For purchases over 200 CHF, Q-Collectibles offers the customer the possibility to pay the due sum in several instalments, the number of which is to be determined by Q-Collectibles according to the sale price of the product(s). Instalments will be taken each month on the same date. The first monthly instalment will have to cover all of the deposit (“x” percentage of the price of the product incl. taxes) in case of withdrawal by the customer.

In the event that the first attempt to obtain a staged or step-by-step payment is denied by the card issuers, Q-Collectibles will make one more attempt to obtain the payment within seven (7) days and a payment link will be sent to the customer by email for them to accept via their Q-Collectibles account. This link will remain valie for an indefinite period of time. In the event that the customer should fail to respond or make the payment within 30 days of the payment link being sent, Q-Collectibles reserves the right to cancel the order or pre-order and to refund any amounts that the customer has already paid by the payment method of Q-Collectibles choice.

The customer will be informed of this by email and will need to place a new order.

 

9- PRODUCT AVAILABILITY

The non-availability of a product is stated in principle on the product page. The customer may also be informed by Q-Collectibles regarding the restocking of a product.

In any event, if the non-availability of a product has not been stated at the time of the order, Q-Collectibles commits to informing the customer without delay if the product is not available.

In the event that a product is unavailable, Q-Collectibles may, if both parties agree, offer an alternative product of equal quality and price.

If the customer decides to cancel their order of an unavailable product they will obtain a refund of all sums paid for the unavailable product within at the most 30 (thirty) working days starting from the day they receive the information that the product is unavailable.

 

10- DELIVERY DATE

Estimated shipping time is different for each product and varies according to criteria, constraints and artistic complexity and production techniques.

Ordered products are shipped by Q-Collectibles to the customer through specialist carriers within 30 (thirty) working days following the date of conclusion of the sales contract.

The date of conclusion of the sales contract is the date on which Q-Collectibles confirms receipt of the order online. The indicated lead time for the current order and shipping starts from this date. For any product marked available for pre-order, the availability date is only indicative.

The delivery period may be subjected to modifications, either owing to a force majeure occurring, or with a view to continuously improving the quality of the product(s), particularly in the case of a request coming from the right-owners of said product or in the case of some other factory production constraint.

Q-Collectibles will use all possible means within its power in order to deliver the product in a reasonable delivery period and commits to issuing a full refund of the customer’s pre-order in the event of a report on delivery exceeding a period of 36 months between the date of the pre-order of the concerned product and the last day of the estimated delivery period.

 

11- DELIVERY METHODS

11.1- Packaging:

For the safety of the piece and its protection, the piece might be packaged in several parcels.

11.2- Shipping procedure:

Pre-ordered products are shipped through successive batches and delivered to the customer based on a delivery date specified on the website of Q-Collectibles and used for information purposes only, expressed by quarter or semester from the start date of the pre-order. The customer is informed of the actual delivery date by Q-Collectibles.

In the case of products that have been pre-ordered and for which full payment has been received, Q-Collectibles sends an e-mail asking for a delivery address confirmation a few weeks before the shipping.

The customer is then invited by e-mail to update their delivery address or to confirm the details they entered during the pre-order stage by logging into their account. The customer will be able to modify the following details: name of recipient, delivery address, postcode, town/city, delivery country and phone number. In case of a change of delivery country, if needed, taking into account the updated shipping costs to the new country chosen by the customer, new shipping costs might be invoiced or refunded to the customer (said shipping will be put in hold by Q-Collectibles until the case is resolved).

Depending on the value and the weight of some products, only pre-orders whose delivery addresses have been confirmed will be shipped.

The product is shipped to the customer through one of the logistic sites of Q-Collectibles located in Europe or Asia.

Q-Collectibles entrusts the product to a specialist carrier appointed for the delivery. The customer receives an e-mail (from the carrier or Q-Collectibles, a shipping notification regarding their product stating the date on which it was been handled by the carrier, the name of the carrier and a unique tracking number).

Due to the volume of certain products, Q-Collectibles reserves the right to charge the customer for any storage costs in the event that the customer has not yet confirmed their delivery address within a period of 30 days, starting from the reception of the product at the logistics site.

11.3- Change of address, displacement or customer absence on the delivery date:

In case of a change of address, displacement or a customer absence during the scheduled delivery period, the customer must inform Q-Collectibles immediately in order to avoid paying additional fees incurred through making several attempts at delivery.

Each pre-order is nominative and personal. The transfer of pre-orders to a third party through Q-Collectibles delivery system is strictly prohibited until the pre-order is received at the customer’s premises. Q-Collectibles cannot, therefore, be held responsible, after the product is shipped to the confirmed delivery address, if the recipient name or the delivery address given by the customer are those of a third party.

In the event that a product is returned to Q-Collectibles due to a customer absence when the carrier has attempted to deliver the product several times, all return costs will be charged to the customer. Moreover, the product will only be sent back again to the customer (through a carrier Q-Collectibles will appoint) once payment for the new delivery costs invoiced by Q-Collectibles has been made.

For logistical and internal organisation reasons, all products are shipped via a carrier appointed by Q-Collectibles. Customers cannot arrange pick-up of their orders from Q-Collectibles themselves.

However, in some exceptional cases, products might be hand-delivered during trade shows or events or directly to Q-Collectibles headquarters for the purposes of after-sales services or in the case of sensitive products. In such cases, both the customer and Q-Collectibles will have to sign a delivery slip confirming hand-delivery of the product to a given location and on a given date.

11.4- Loss, theft or damage to the parcel by the carrier:

In the event of any anomaly regarding the tracking number of the sent product given by Q-Collectibles through a carrier, the customer is invited to contact Q-Collectibles on its support platform at https://www.q-collectibles.com/support via their customer account.

When delivering to the customer, our materials that were used in our products might expand according to seasonal variations in temperature.

It is recommended to wait for a period of 24 hours (at room temperature) once the parcel arrives at the customer’s address before opening it.

In case of an anomaly occurring during delivery (damage, missing product, damaged product, damage to the inner or outer packaging caused by the carrier, etc.), the customer has the right to refuse to accept the parcel from the carrier. In the event that the customer does accept the parcel in the condition in which it is delivered, no appeal will be acknowledged by the Q-Collectibles support service.

11.5- Payment of taxes and entrance fees:

Products ordered on the Q-Collectibles website that will be shipped outside Switzerland might be subject to export taxes to be paid on arrival at their destination. The customer must pay these customs fees. Q-Collectibles has no power or control over any additional customs fees that the customer may incur when delivering the order to their country.

By purchasing through the Q-Collectibles website, the customer is considered to be the official importer and has to respect all the laws and regulations of the country to which they have decided to have their products shipped. In the case of international customers, Q-Collectibles highlights the fact that cross-border deliveries are likely to be opened and investigated by the customs authorities.

If a customer decides to refuse to pay the customs fees when Q-Collectibles tries to deliver their order, Q-Collectibles reserves the right to consider the product to have been abandoned by the customer. In this case, no refund of the product or shipping costs will be issued and Q-Collectibles will regain ownership of the products.

 

12- WARRANTY

All customers are covered by a legal warranty of conformity as stipulated in Articles L.212-3 and following of the Consumer Code and the guarantee of hidden defects outlined in Article 1641 of the Civil Code.

12.1- Guarantee of conformity

According to Article L.212-3 of the Consumer Code, “The trader shall deliver compliant goods and is responsible for any conformity defects present when the goods are delivered, even if the trader was unaware of these defects.

The trader is responsible for any conformity defects caused by the packaging or assembly or installation instructions when the contract states that the trader is responsible for this or where it has been performed under the trader’s responsibility.

Without prejudice to Article L.111-1, the trader is also bound by the public pronouncements coming from the producer or their representative unless they can prove that they were not, and could not reasonably have been, aware of the statement in question”;

According to Article L.212-4 of the Consumer Code:

In order to comply with the contract, and depending on the case in question, goods must:

Display the features that both parties agreed on;
Be fit for the purposes for which goods of the same type are normally used;
Comply with the trader’s description of the goods and possess the qualities that the trader has presented to the consumer as a sample or model;
Be fit for any particular purpose for which the consumer requires them and of which they made the trader aware at the time of the conclusion of the contract and regarding which the trader has expressed no reservations;
Demonstrate the qualities that a consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or their representative, particularly in advertising or on labelling. The consumer cannot contest conformity on the grounds of a fault of which they were aware or could not have been unaware when entering into the contract. The same is true in the event that the fault affects the materials that they themselves have provided”.

According to Article L.212-5 of the Consumer Code:

“(1)In the event of a conformity defect, the consumer can return the goods and obtain a refund of the price paid or keep the goods and have part of the price refunded. However, no cancellation of the sale or reduction in the price can be obtained if the trader proceeds to replace or repair the goods. The sale cannot be cancelled if the conformity defect is minor.

(2) Instead of applying the option presented in paragraph (1), the consumer, if it is not impossible or disproportionate, has the right to insist that the trader ensure the conformity of the goods in question. They have the choice between having the goods repaired or replaced, unless either of these options puts excess strain on the trader.

A remedy may be considered as disproportionate if the trader is subject to costs that, compared to another option, are unreasonable compared to the following:

The value of the goods were they not defective;
The significance of the conformity defect and
Whether the other remedy option could be implemented without any major inconvenience to the consumer

The goods must be made compliant within a month of the day on which the customer has requested this. After this time, the consumer can return the goods and obtain a refund of the price paid or keep the goods and obtain a partial refund.

Goods must be made compliant at no cost or convenience to the consumer, according to the nature of the goods and any special use the consumer may have for it.

Furthermore, the trader is liable for any damages and costs incurred by the consumer.”

Article L212.6 of the Consumer Code specifies that the consumer must report the conformity defect to Q-Collectibles within two years from the date on which they receive the product.

It is specified that the current legal guarantee of conformity applies independently of the authorised commercial warranty that comes with the product, where applicable.

The customer is perfectly aware of the fact that the photographs of the prototype on the Q-Collectibles website aims to promote the product on said website and to allow the consequently informed customer to place an order or pre-order. With this in mind, the customer expressly accepts, in accordance with the present Conditions of Sale, the fact that the prototype shown in the photographs is not the product they are purchasing and has no contractual value. The description of the prototype, its features and the photographs that represent it are as close as possible to the (final) product and are provided for illustrative purposes only. Seeking to constantly improve the quality of its products, Q-Collectibles may consider it necessary to adapt some aspects and features of the final product in relation to the prototype. This being the case, under no circumstances can a minor difference be considered to constitute non-conformity.

12.2- Guarantee of hidden defects

The seller is bound to offer a guarantee with regards to any hidden defects that might render the product sold unfit for the purpose for which it was intended or hinder said purpose to such an extent that the customer would not have purchased it, or would not have been prepared to pay as much for it, had they been aware of said defects (Article 1641 of the Civil Code).

This guarantee enables the customer to choose between a refund of the cost of the product, if it is returned, and a refund of part of the cost if the product is not returned, provided that they can prove the existence of a hidden defect.

Customers wishing to take action in the event of any unacceptable defects must make their decision known within two years of the date on which the defect is discovered, in accordance with Article 1648 of the Civil Code.

 

13- AFTER-SALES SUPPORT

Any complaints or requests for information regarding Q-Collectibles products must be submitted electronically by creating a ticket through the after-sales support webpage: https://www.q-collectibles.com/support. It is vital that the customer log in to their Q-Collectibles account to create a ticket. They will be asked to complete the request using clear and precise explanations, with the possibly of adding pictures of the product in question so that our support team can clearly identify the issue.

Q-Collectibles invites the customer to inform it of potential defects, breakages, missing parts or deterioration of the goods within 14 days following the date the customer receives the goods. Any requests submitted after this time (i.e. more than 14 days after receiving the product) will not be covered by the warranty and the customer will be liable for the cost of any returns that they might request, along with the corresponding shipping costs (after-sales shipment and return).

The Q-Collectibles After-Sales Support Department deals only with customers buying products on the Q-Collectibles website. The customer will have to log in to their Q-Collectibles account and open a ticket on the after-sales support platform.

Customers buying products from a professional and official retailer must address their request directly to their retailer, who will deal with their case, provided that the price of the product matches the official price stated on the Q-Collectibles website.

Each request will be handled individually, meaning that the customer will have to open one ticket per request: 1 support ticket = one request per product.

Each statue produced by Q-Collectibles is unique and handmade in limited numbers. Therefore, there is likely to be some variation between products (lining, colours, varnish, etc.). These aspects will not be considered for any support requests once the customer has accepted the product.

The photographed prototype that is shown on the website of Q-Collectibles is not, therefore, the actual product the customer is buying and has no contractual value. The description of the prototype, its features and the photographs that promote it are as close as possible to the (final) product and are provided for illustrative purposes only.

The After-Sales Support Department will see that the product is returned to the appropriate condition with regards to the points previously explained on the support platform by the customer only and provided that the need for said intervention is justified once the product has been returned and submitted to the after-sales department for analysis.

If the product is judged to be too damaged to be restored, Q-Collectibles may replace the whole product or part of it, subject to the availability of spare parts.

The After-Sales Support Department has a stock of spare parts produced in limited quantities that cannot be reproduced on request.

Products returns to the After-Sales Department and that fall within the previously mentioned 14-day warranty are generally arranged by Q-Collectibles and will always be the subject of a customer request made via the Q-Collectibles support platform.

Q-Collectibles is not responsible in the event that the product is returned by the customer to Q-Collectibles of their own accord without this being previously arranged via the after-sales platform. No product will be processed, repaired or replaced and the customer will have to have the parcel collected themselves. The customer may also be charged a storage fee if the parcel is stored for more than 7 days at Q-Collectibles facilities.

In the case of products being returned to the Q-Collectibles After-Sales Department, or repairs that have been invoiced to the customer, no sculpture-based customisation or painting will be made at the customer’s request. The product must reflect the technical and artistic criteria that have been confirmed and validated by the right-owners at the time it was put on sale on the Q-Collectibles website.

Some Q-Collectibles products are equipped with an electronic system that is under warranty for 2 years. Q-Collectibles does not replace consumables included and delivered with the product (LEDs, batteries, etc.).

Requests for repairs to so-called ‘second-hand’ products will firstly be subject to a quote, and then will be invoiced if the customer agrees to the quote. Such returns will not have priority over returns that are within the 14-day warranty and might take more time than usual returns.

Any items returned incomplete, damaged or soiled by the customer will be neither refunded nor exchanged.

 

14- CANCELLATION

An order or pre-order may be cancelled by the customer as long as the product has not already been shipped.

The deposit amounting to “x” percentag of the purchase price will not be refunded.

The price of the order, once the deposit has been deducted, will be refunded through the same means of payment the customer used initially at the time of the order or pre-order. In case this means of payment has expired or is, for any other reason, no longer valid, the refund can be done via Paypal or bank transfer. Any extra financial fees incurred by the refund shall be charged to the customer.

 

15- PROPERTY RIGHTS

The products remain the property of Q-Collectibles until the full payment of the stated cost of the order is received. The reservation clause will not hinder the transfer to the customer, at the time they or a third designated person other than the carrier receives the order, of any risks of the products being lost or damaged subject to the right of ownership, as well as any risks of damages that may be incurred.

 

16- RESPONSIBILITY

Q-Collectibles cannot be held responsible in the event of the customer breach any of their contractual obligations, in particular during the order entry stage .

Q-Collectibles cannot be held responsible in the event of any anomaly concerning the delivery (damage, missing product, damaged product, damage to the inner or outer packaging caused by the carrier, etc.).

Q-Collectibles cannot be held responsible in the event that the goods delivered fail to respect the legislation of the country chosen for delivery.

The photographs of the prototype presented on the webpage of Q-Collectibles website are not of the actual product the customer is ordering and have no contractual value.

Q-Collectibles cannot be held responsible in the event of minor differences between the photographs and texts used for the prototype that are shown on the website.

Q-Collectibles disclaims any responsibility for any delay, if the cause of the delay is linked to a case of force majeure. A case of force majeure, for a contractual matter, can be applied whenever an event occurs and is beyond the debtor’s control, and which cannot reasonably be predicted when entering the contract, and the effects of which cannot be avoided by appropriate measures, preventing the debtor from fulfilling their obligations. Here is a non-exhaustive list of cases that could be categorised as force majeure:

Requests for changes made by the right-owners, who may exercise a right of return and thus lead to a modification of the product,
Delays on production in factories,
Delays due to carriers,
Delays due to hacking attacks,
Delays due to the non-availability of materials, supplies, spare parts, personal equipment or other things,
Delays due to an interruption to electronic/communication networks, etc.

 

17- RIGHT OF WITHDRAWAL

According to the prescriptions of Article L.222-9 of the Consumer Code, and in respect of the contract concluded on the Internet, “The consumer shall have a period of fourteen days to withdraw from a distance or off-premises contract, without giving any reason nor having to pay any other fee than those mentioned in Article L.222-10”.

The withdrawal delay expires after a period of 14 days, starting from the day the customer receives the goods or the acceptance of the offer in the case of service provision.

In the event that several goods ordered by the consumer in the same order are delivered separately, the withdrawal period will start on the day when the consumer, or a third party different from the carrier and designated by the consumer, physically takes possession of the last set of pieces or of the last item.

In the event of a delivery containing multiple parts or batches, this period will start on the day when the consumer, or a third party different from the carrier and designated by the consumer, physically takes possession of the last set of pieces or of the last item.

Finally, in case of contracts relating to the regular delivery of goods during a defined period of time, the withdrawal period starts on the day when the consumer, or a third party different from the carrier and designated by the consumer, physically takes possession of the last product.

Consumers wishing to exercise their right of withdrawal must inform the trader of their decision to withdraw from the contract before the withdrawal period expires.

The consumer can do this by:

Using the model withdrawal form used in the Grand Ducal Regulation; or
Submitting another declaration unambiguously explaining their decision to withdraw from the contract, to be addressed to the Q-Collectibles Head Office by registered letter.
Indicating their right of withdrawal by creating a ticket through their Q-Collectibles account at https://www.q-collectibles.com/support in the Right of Withdrawal section. In such cases, the customer will receive an acknowledgement of receipt.

The customer must, without undue delay and in any event 14 days after indicating their decision to withdraw from the contract at the latest, return the product to the Q-Collectibles head office.

The product must be returned following the instructions of Q-Collectibles and the parcel must contain all the pieces.

Products are to be returned in their original state and have to be complete (packaging, accessories, instructions, etc.) so that the product that arrives can be resold as new. The customer will be responsible should they proceed to personally modify the product other than modifications that are necessary.

Such modifications notably include failure to observe the repackaging instructions (pieces that are not positioned in their original position and place, failure to replace the foam that serves to maintain the pieces in the box correctly, etc.).

Q-Collectibles cannot be held responsible in case of theft or loss of the product or breakage during shipping. Q-Collectibles invites the customer to take out damage, breakage and theft insurance with the carrier that the customer hires to the return the product.

In the event that the customer decides to withdraw from the contract, Q-Collectibles will refund the price of the product(s) and the shipping costs with the exception of any additional fees arising from, if appropriate, the customer’s choice about the means of delivery and carrier other than the shipping method usually used by Q-Collectibles. Return shipment costs (including delivery fees and customs charges) will be payable by the customer.

Q-Collectibles will refund the appropriate amount using the same payment method used by the customer at the time of placing the order without any additional cost to the customer. In the event that the payment method used at the time of the order has now expired, the refund can be made by bank transfer or Paypal. Additional fees that might be incurred will be charged to the customer. Q-Collectibles will defer the refund until the return parcel arrives at its facilities or until the customer sends a proof of return shipping for the product in question (the date recorded being the earlier of the two).

 

18- OUT-OF-COURT SETTLEMENT/RESOLUTION

The European Commission makes available an online platform for dispute resolution, which is accessible here: https://ec.europa.eu/consumers/odr/.

 

19- LITIGATION AND APPLICABLE LAW

Any legal matter linked to the present Conditions of Sale and to the sales that they govern will be subject to Switzerland law and governed by the courts of Switzerland.

 

20- PROTECTION OF PERSONAL DATA

By placing an order, the customer accepts the fact that Q-Collectibles collects, processes and uses their personal data.

Q-Collectibles is responsible for processing your personal data and will process these data according to the applicable laws and regulations.

Collecting data is essential to the processing of orders and payments and the successful execution of commercial relations between Q-Collectibles and the customer. This data will not be revealed to any third party.

Collected data are only used in order to process the customer’s orders. These data are confidential and will only be used by Q-Collectibles for the purposes of the contract, its execution and complying with the law.

Data might be communicated, in whole or in part, to beneficiaries of Q-Collectibles services involved in the order processing procedure. For commercial purposes, Q-Collectibles may share the name and details of the customer with some of its commercial partners, subject to the customer’s express approval, to be sought when creating their account.

The customer can, at any time, exercise the following rights:

Right to information

Right to access; that is to say the right to obtain, at any time and on request, confirmation of whether or not their data is being processed

Right of rectification; that is to say the right to have the responsible party rectify as soon as possible any personal data that might not be accurate

Right to erase data or right to oblivion; that is to say the right to have the responsible party erase data as soon as possible, except where keeping the data is a legal obligation to which our activity is subjected

Right to limitation of processing

Right to data portability

Right to oppose, at any moment or for any reason that is linked to your particular situation, the processing of personal data that concern you, based on Article 6, paragraph 1, point 2) or f) of the GDPR, including profiling based upon these provisions

Right not to be assessed on the basis of the automated processing

Right to withdraw their consent easily, at any time, without detriment to the processing operation based on the given consent

Right to lodge a complaint against an inspection authority and, in particular, the NDPC

In order to exercise these rights to stop data from being collected, processed or used for the abovemention purposes, or to rectify data, the customer will have to contact Q-Collectibles by creating a ticket on the following support webpage: https://www.q-collectibles.com/support (It is vital that the customer log in to their Q-Collectibles account in order to create a ticket).

 

21- INVALIDITY

In the event of a clause of our present Conditions of Sale being deemed invalid, this will not automatically render invalid all of the clauses of said Conditions of Sale, all other clauses of which will continue to apply.

 

22- REGISTERED TRADEMARKS OR COPYRIGHTS

The Q-Collectibles logo is a registered trademark. Any use of one of the previous trademarks or elements for commercial purposes or purposes linked to any kind of speculation, and without the prior agreement of Q-Collectibles, or for any purposes that are illegal, obscene, abusive, threatening, defamatory, slanderous or offensive to Q-Collectibles is therefore prohibited and liable to legal proceedings.

 

23- COOKIE

According to the applicable legislation in terms of data protection, we inform you that we use cookies. By using this website, consumers accept our use of cookies for the purposes stated below in accordance with the relative cookie statement, which you are invited to consult.

 

 

 

 

All rights reserved. All other logos, products and company names mentioned are trademarks of their respective owners.

Copyright © Q-Collectibles 2019