General Conditions: these general conditions of sale govern the relations between FUGU CREATION INC. and his Client. They must first be read and accepted in their entirety by the Customer, without any reservations or conditions, so that the Customer, duly informed, can proceed to register his Order or Pre-Order. No Order or Pre-Order can be technically registered on the FUGU CREATION INC website without the Customer having previously expressly confirmed having read and accepted the General Conditions.
Client: any consumer client who is a natural person of full age acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
Order: purchase made directly by the Customer on the FUGU CREATION INC. website, relating to a Product available in Stock, with immediate and full payment of the Price.
Date of opening of Pre-orders: date from which the Customer has the right to register a Pre-order relating to a Product in process of manufacture and not yet available in Stock.
Business Days: every day of the week, except Saturday, Sunday and statutory holidays in Canada.
Pre-order: special order made directly by the Customer on the FUGU CREATION INC. website, relating to Products in process of manufacture and not yet available in Stock, by means of a firm reservation, with payment by the Customer of the totality price. In the event of cancellation, ten percent (10%) of the Price of each Product is non-refundable. FUGU CREATION INC. reserves the right to authorize Pre-orders for the same Products from its partner stores.
Price: price set by FUGU CREATION INC. for the Products (excluding delivery costs), appearing on the website of FUGU CREATION INC. at the time of the conclusion of the purchase / sale contract, and to be paid by the Customer for the acquisition of the Product.
Product: collector’s statue, new, printed and painted, manufactured and produced according to a Prototype, in a limited number of copies, sold with its certificate of authenticity, available only while stocks last, and intended for a public of people over 18 (eighteen) years of age. The Product is not a toy, but a collectible figurine. FUGU CREATION INC. reserves the right to sell the Products directly to its Customers on its website or to its partner shops.
Prototype: model on the basis of which the Products are manufactured.
Stock: set of Products already manufactured available at FUGU CREATION INC. and / or its partner shops. In case of out of Stock for a considered Product, the Order is canceled and any payment paid by the Customer is fully refunded by FUGU CREATION INC. as soon as possible, with the option for the Customer to replace the Product with another Product of his choice, and possible reimbursement of the difference if the Product chosen is less expensive, or payment by the Customer of the surplus if the Product chosen is more expensive.
The General Conditions apply to all Customers, to the exclusion of all other general conditions, special conditions, and all other documents which may be issued by the Customers themselves.
The fact, for Customers, of registering an Order or a Pre-Order on the FUGU CREATION INC. website express, complete and irrevocable acceptance, without reservation or conditions, of the General Conditions.
FUGU CREATION INC. may agree with the Client in writing on certain specific conditions which derogate from the General Conditions (“Special Conditions”). The Special Conditions derogating from the General Conditions on certain points prevail, for these points, over the General Conditions.
The fact for FUGU CREATION INC. not to invoke at any given time any of the clauses of the General Conditions or the Special Conditions cannot be interpreted as a waiver by FUGU CREATION INC. to avail themselves of these clauses at a later date.
FUGU CREATION INC. reserves the right to modify and update its General Conditions at any time, without prior notification.
The purchase / sale contract is valid and concluded between the Customer and FUGU CREATION INC. upon registration by the Customer of their Order or Pre-order on the FUGU CREATION INC. website. (“Date of conclusion of the purchase / sale contract”).
In the event of an Order: The Customer is expressly informed of the fact that the placing of the Order obliges him to pay it in full and immediately, by validating his Order on the website of FUGU CREATION INC. “With payment obligation” – this precision being mentioned clearly and legibly on the website of FUGU CREATION INC. Full payment of the Price linked to the Order is immediate.
In the event of a Pre-order: The Price may possibly be paid by the Customer in a maximum of three (3) installments, upon express request validated at the time of registering his Pre-order. The Product is only delivered after full payment of the balance of the Price and the delivery costs and the availability of the product.
FUGU CREATION INC. reserves the right to cancel any Order or Pre-Order in the event of non-payment by the Customer of the Price, the balance of the Price, or the Deposit.
The price indicated on the website is a price in United States dollars (USD) for guidance only. Please note that the price of the product that the purchaser purchases will be billed directly in Canadian dollars (CAD). We are not responsible for charges incurred by banks outside Canada and for charges incurred by exchange rates between the Canadian dollar and another currency.
The delivery time is not an essential condition of the purchase / sale contract, neither for the Order, nor for the Pre-Order. However, FUGU CREATION INC. deploy the means at its disposal to deliver the Products within a reasonable time:
What delivery methods are offered and what are the prices?
We have obtained the services of carriers including, Canada Post, Purolator, UPS, DHL and FedEx.
When you put an item in your shopping cart and place an order, the shipping costs are calculated according to the information below and according to the delivery method you choose and the destination of your items.
If the item is on pre-order:
If the item is on order:
Delivery policies and delivery times are subject to change. In the event that national carriers are not available, we may use other local third party carriers to serve customers.
The delivery time of orders could vary depending on local carriers and various reasons beyond the control of FUGU CREATION INC. FUGU CREATION INC. cannot be held responsible for delivery times. FUGU CREATION INC. does everything to maximize the customer experience. Please note that estimated delivery dates are estimates only and are not guaranteed.
Each shipping method has its own restrictions and charges that will be applied to your order, and are based on very simple calculations of processing time and delivery in Business Days.
Certain products that we offer are prohibited from delivery to certain continents. The license contracts define the geographical areas authorized for delivery. In this case, it will be impossible for you to place orders if your country is part of these said restrictions.
The Customer has the obligation to pay the full Price when registering any Order. If there is a Pre-Order, the Customer has the obligation to pay the Deposit and the balance of the Price, possibly in three (3) installments, free of charge, if he has opted for this possibility, at the time of registration of its Pre-order.
We accept the following and only the following payment methods:
For security reasons, the name, address and phone number provided for billing should match those on your monthly credit card statement. We reserve the right to cancel any order in the event of a difference.
All goods and services sold or supplied in Canada are subject to the Canadian Goods and Services Tax (GST) including items, delivery, and special handling. In addition, Provincial Sales Tax (PST) or Harmonized Sales Tax (HST) may apply depending on the product and the delivery destination. The amount of taxes applied depends on the province where the item is shipped and its sales tax laws. The tax amount will be displayed before you have to submit the order.
Tax is calculated on the total selling price of each individual item and on delivery / handling in accordance with applicable tax laws.
Groups eligible for GST exemption who place an order online should apply for a GST rebate to Revenue Canada.
For countries outside Canada, the price indicated on the website is the price without taxes and will be the price invoiced and indicated on the delivery note. (Plus delivery).
All taxes and costs generally of any kind (such as, and without this enumeration being exhaustive, bank charges, collection costs, exchange costs, customs costs, collection costs) remain the sole responsibility of the Customer (“Costs”).
Please ensure that you retain all gift cards used for your purchase until your order arrives. If your order cannot be fulfilled, credit is granted, or you need to return an item, credit will be given to the original payment method, starting with the gift card, if applicable.
Gift cards cannot be exchanged for cash or returned for refund.
Gift cards issued can be used to pay the price, delivery charges and taxes of eligible items.
PayPal™ is another way to pay for your orders. It allows any individual or business with an email address to securely send payments online. With a PayPal account, you can choose to pay with your credit card, debit card, bank account, or your PayPal account balance, for any purchase you wish to make.
The Customer has a withdrawal period of 15 working days from the day of the Pre-order or from receipt of the Product (1st day of the period) when ordering by the Customer or by the person who has received said Product in the name and on behalf of the Client. The right of withdrawal can be exercised by the Customer before the expiration of this period of fifteen (15) Business Days. In the event of withdrawal, the Customer himself bears all the costs and costs of returning the Product to FUGU CREATION INC.
To exercise his right of withdrawal, the Customer notifies FUGU CREATION INC. by email to “firstname.lastname@example.org” in which the Customer declares his unambiguous desire to withdraw. The Customer must ensure that they retain proof of exercising their right of withdrawal. The customer must ensure that it is sent and received effectively. The Customer does not have to justify reasons leading him to want to exercise his right of withdrawal. Once the Client has notified FUGU CREATION INC. the exercise of its right of withdrawal, FUGU CREATION INC. reimburses the Customer, it being specified that, in the case of a purchase / sale contract, FUGU CREATION INC. hereby reserves the right to defer this reimbursement until receipt and inspection by FUGU CREATION INC. of the Product or proof of its shipment by the Customer (first of the two dates). The Customer who exercises his right of withdrawal is reimbursed for the amount of the Product Price less 10% for “management and logistics costs”. Delivery charges are not refundable.
“Management and logistics costs” are 10% of the product price plus taxes if applicable plus all costs that will be requested from FUGU CREATION INC. in the case of a return of the package.
In this case the reimbursement will therefore be the difference between the price of the product at the time of purchase and “the management and logistics costs”.
In case of exercise of his right of withdrawal, the Customer has the obligation to return to FUGU CREATION INC. the Product that had been delivered to it, within a further period of ten (10) Business Days following the sending of its own withdrawal, to the address which will be communicated to it by FUGU CREATION INC. The returned Product must be in its original packaging, unopened, in perfect condition, undamaged in any way
Sometimes a package is returned to us because it is undeliverable.
When this happens, we will refund the price of the product less “handling and logistics charges” plus taxes if applicable. Delivery charges are not refundable.
“Management and logistics costs” are 10% of the product price plus all costs that will be requested from FUGU CREATION INC. for the return of the package.
In this case the reimbursement will therefore be the difference between the price of the product at the time of purchase and “the management and logistics costs”.
FUGU CREATION INC. invites the Customer to inform FUGU CREATION INC. within five (5) working days of receipt of the Product of any defects, breakages or deteriorations that the Customer may have noticed and from which the Product may have suffered, by sending an email to FUGU CREATION INC. after-sales service (email@example.com) photos and explanations for a possible refund, exchange or shipment of a replacement part within a reasonable time.
The Customer is fully informed that the Prototype photographed and exhibited on the website of FUGU CREATION INC. is in order to promote the Product on said site, and to allow the Customer, thus informed, to proceed with his Orders and / or Pre-Orders. The Customer expressly accepts the fact that the Prototype thus photographed does not identify with the Product as such, and has no contractual value. The description of the Prototype, its characteristics and the photos representing it are as close as possible to the Product, and serve an illustrative purpose. Pursuing a constant concern for perfection and improvement, FUGU CREATION INC. may be required to adapt certain features and characteristics of the Product, in its final version, in relation to the Prototype.
FUGU CREATION INC. is required to deliver a Product which is compliant. FUGU CREATION INC. responds to any lack of conformity of an existing Product upon delivery. The Customer cannot however claim a lack of conformity if he was aware of it or could not ignore it.
In the event of a lack of conformity, the Customer has the choice between:
FUGU CREATION INC. has the right, however, to refuse this choice if it entails a manifestly excessive cost, taking into account the value of the Product or the importance of the defect, and in particular also in the event of a shortage of Stock of the Product concerned or a shortage of Stock of any other Product approximating it.
In order for the Customer to be able to implement the warranty against hidden defects, the defect affecting the Product must in particular be prior to the purchase / sale contract and render the Product unfit for the use for which it is intended. The Customer cannot act as a guarantee for hidden defects if he was aware of the defect affecting the Product, it being specified that the apparent nature of the defect is assessed at the time of delivery, and that the quality / competence of the Customer is taken into account consideration in determining his knowledge of the defect. FUGU CREATION INC. does not guarantee hidden defects when there is a defective use of the Product. The period available to the Customer to act as a guarantee for hidden defects is 2 (two) years from the discovery of the defect. The Customer who acts as a guarantee against hidden defects has the choice between (i) the resolution of the sale, that is to say the return of the Product he had acquired and the reimbursement of the Price, or (ii) the reduction of the Price, that is to say, keep the Product and be reimbursed for part of the Price.
If the processing reserved by FUGU CREATION INC. to the complaints and reservations formulated by the Customer does not meet the Customer’s expectations, the possible liability of FUGU CREATION INC., if it were to be engaged, would be strictly limited to the amount of the Price, and could not be extended to the direct or indirect consequences of the use by the Customer or by any other person, natural or legal, of the Product.
The Products delivered to the Customer are transferred to him with retention of title. The transfer of ownership is subject to full payment of the Price by the Customer. In the event of total or partial non-fulfillment of its obligations by the Customer – in particular in the event of full non-payment of the Price in respect of only one of the agreed deadlines – the purchase / sale contract is automatically terminated and FUGU CREATION INC. has the right to claim the Product at the expense and risk of the Customer, all sums and / or down payments previously paid remaining acquired by FUGU CREATION INC., without prejudice to any damages that could be claimed as a result of the termination.
All notifications, notices and comments to be sent by the Client to FUGU CREATION INC. and vice versa are only validly notified if they are sent, according to the mode of communication specified in the General Conditions:
Order Confirmation: This email confirms that we have received your order; it shows your order number. We recommend that you keep this email for your records.
Shipment Confirmation: This email confirms that your order, or part of it, has been shipped. If an item in your order was shipped separately, you will receive an email confirming it has been shipped.
Important notice regarding your order: There may be different reasons for sending this email: difficulty processing your order, inability to ship the product (s) to the address indicated, order cancellation, etc.
When your order is delivered, you should immediately inspect the box to verify that no damage has occurred in transit. Carefully inspect the packaging as well as the contents.
THANK YOU !
You are now on our waiting list !
You will receive an email from us as soon as this item will be back.
Fugu Creation team