Terms & Conditions
The version of this Policy
is effective October 28, 2022.
Welcome to not-TOYS Terms & Conditions!
Summary: Please read these terms very carefully as they form a binding Agreement between you and not-TOYS regarding the use of our services and website. At the beginning of each Section, you’ll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the full text.
The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and not-TOYS, that governs all use by you of the not-TOYS.com website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to not-TOYS and all of its subsidiaries and affiliated companies collectively as “not-TOYS”, “we”, “our”, “us”, etc. not-TOYS is a privately held company that make exclusive hand-made scale models for collectors. We also sell scale model kits, as well as the production of souvenirs for history fanss and modellers.
If you use our Services only for your personal use, you are considered a “User”. If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a “Merchant”.
1. Access & Membership
Summary: You need to be of a certain legal age to use not-TOYS, and you’re fully responsible for your account and the use of our services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time.
In order to enjoy all of not-TOYS’s benefits, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user’s not-TOYS account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify not-TOYS immediately of any breach of security or unauthorized use of your account. Although not-TOYS will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of not-TOYS and others due to such unauthorized use.
not-TOYS may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users or the United Kingdom which not-TOYS has already confirmed. not-TOYS may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to not-TOYS that you are at least 16 years of age, however, if you are an individual residing in Japan, you certify to not-TOYS that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website.
Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which not-TOYS has already confirmed not-TOYS reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after not-TOYS posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after not-TOYS posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send not-TOYS a written notification, including via email (and your not-TOYS account will be deleted), to close your account within 30 days of notice.
not-TOYS respects intellectual property rights and asks you to do the same. Anything you upload will remain yours, and you’re responsible for it.
Any use of materials (both in whole and in part) without the permission of the not-TOYS owners is prohibited!
4. Limited Warranty on Products
Summary: Please read this section very carefully—it covers our obligations and responsibilities for not-TOYS services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.
Does not apply to Users residing in the European Economic Area or the United Kingdom.
- Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.
- Who May Use This Warranty? not-TOYS extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.
- What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
- What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, not-TOYS acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
- What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
- How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by not-TOYS) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
- LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. Your rights in the case of lack of conformity
Summary: If you reside in the European Economic Area or the United Kingdom, this is where you’ll find information on what you can do if there’s an issue with your order.
If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by not-TOYS, as well as any costs related to the delivery to you of the repaired or replaced product.
6. Responsibility of Site members and visitors
Summary: When using not-TOYS services, it’s your responsibility to follow our policies. If you violate our policies, we might restrict or even end up terminating your access to our services.
Violation of this Agreement or any other rules will result in the termination of your not-TOYS account.
not-TOYS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, not-TOYS and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by not-TOYS or submitted to not-TOYS, including without limitation information in not-TOYS collaborations, posts and in all other parts of the not-TOYS Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing not-TOYS with accurate and truthful information (including but not limited to your name and surname if you are a User). If you have provided not-TOYS with inaccurate or false information, (a) you shall be liable to not-TOYS for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to not-TOYS, and (c) not-TOYS shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
7. Payments and fees
Summary: To pay for not-TOYS services, you need a valid payment method (e.g. a credit card, PayPal) that you’re authorized to use. All fees will be charged to your payment method, which may but is not guaranteed to be automatically updated. Note that you might need to reimburse us for any chargeback fees for returns or claims that aren’t in line with our policies.
You may choose to save your billing information to use it for all future orders and charges associated with not-TOYS Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers. not-TOYS may participate in Account Updater programs. Such programs may allow for your payment card information to be automatically updated if and when there is a change, such as to the payment card number or expiration date. To the extent not-TOYS participates in such programs and your financial institution or payment card provider is a participant, you agree to automatic updates to your payment card information. However, not-TOYS cannot guarantee that such automatic updates will be made, so you also acknowledge that you are ultimately responsible for ensuring that your payment card information is current.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse not-TOYS for damages resulting from such unauthorized use.
With regard to payment methods, you represent to not-TOYS that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you or your Customer makes any return or claim which does not comply with our return policies (including return policies), you will reimburse not-TOYS for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback), if applicable.
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
not-TOYS at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events not-TOYS may use or participate in.
Summary: You are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In some states in the US and countries, not-TOYS may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).
In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
Summary: Once you’ve placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 30 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer’s (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case not-TOYS will not make any refunds and will not resend the Product. For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If you are a Merchant sending orders to your Customers in Germany, the risk of loss and damage to Products pass to you in the moment after the shipment with the Products has crossed the German border (“Moment of Risk Transfer”). In such case, not-TOYS will bear the full legal responsibility for the loss of or damage to Products sent to your Customers in Germany in case such loss or damage to Products has verifiably occurred before the Moment of Risk Transfer.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with not-TOYS Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to not-TOYS investigation and sole discretion. not-TOYS cannot guarantee delivery to P.O. boxes.
10. Description of products
Summary: We strive towards making our product development process the best we can, yet we can’t guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won’t result in damages.
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously we won’t knowingly ship damaged items to you (your Customers), but these damaged items can still be used for charitable purposes. not-TOYS reserves the right to donate all damaged items to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
11. Purchase of products
Summary: To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. not-TOYS doesn’t take responsibility for missed deliveries due to typos in the delivery information.
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. not-TOYS will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact not-TOYS.
We reserve the right to place your order on hold if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet.
Summary: While we may provide delivery estimates, we can’t provide guaranteed delivery dates. Once not-TOYS receives payment for your order (including delivery fees), we fulfill the order and pass it onto the carrier. This is also the moment where you or your customer legally become the owner of the products.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products).
Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.
To the fullest extent permitted by law you release us and all other not-TOYS Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any not-TOYS Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by not-TOYS (or for which not-TOYS provides no guarantees) under this Agreement, or (b) for which not-TOYS is otherwise indemnified or released by you under this Agreement.
Summary: not-TOYS is not responsible for any damages and liabilities you incur if you break the law, violate these terms or any rights of third parties and it results in legal action (this also includes misrepresentations made by you and any product liability claims).
To the fullest extent permitted by law you will defend, indemnify, and hold not-TOYS and the other not-TOYS Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the not-TOYS Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
15. Governing Law
Summary: If any dispute arises between us we’ll apply the laws of the State of North Carolina to resolve it—unless you as a consumer reside in the European Economic Area, Switzerland, or the United Kingdom in which case we’ll follow the laws of the Republic of Estonia.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are a User living in the European Economic Area, Switzerland, or the United Kingdom the laws of the Republic of Estonia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union and the United Kingdom: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
16. Privacy and Personal Data Processing
Summary: Using our services doesn’t make you an agent, partner or employee of not-TOYS. We’re not responsible for any violations of these terms if it’s out of our control. If you have any questions about our Terms of Service, feel free to contact us at sa***@no******.com.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
not-TOYS will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in not-TOYS’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
not-TOYS at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area or the United Kingdom and such transfer or assignment may reduce your guarantees under this Agreement, then not-TOYS will ask for your permission beforehand.
If you have any questions about this Agreement, please email us at sa***@no******.com.