General Terms & Conditions
PREMIUM COLLECTIBLES STUDIO GENERAL TERMS & CONDITIONS
Welcome to the Premium Collectibles Studio website (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Terms”). Access to and use of the Site is conditioned upon acceptance of and compliance with these Terms. By accessing the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract or have the consent of a parent or guardian who is of legal age.
ACCOUNTS
When you create an account on our Site, you represent and warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts in our sole discretion.
By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer or account. You may not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
To the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.
PURCHASES
By placing an order with us for any product or service made available through the Site, you represent and warrant that (i) you have the legal right to use the payment method provided, (ii) you are of legal age and capacity to form a binding contract, and (iii) all information you provide to us in connection with such order is true, accurate, and complete.
You may be asked to supply certain information relevant to any order you place through the Site including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We may use third party services to process your payment or fulfill your order. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per IP address, per billing information, per postal address, per credit card or per order. If we make a change to or cancel an order, we will attempt to notify you. We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All features, specifications, products, prices, discounts, promotions, and offers described on our Site are subject to change at any time, without notice. We have made every effort to accurately display our products, but images on the Site may not exactly match the actual product. All prices displayed on the Site are in U.S. dollars unless otherwise noted. We will add applicable sales taxes and shipping fees as necessary. The risk of loss and title for products purchased pass to you upon our delivery of the products to the carrier.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
INTERNATIONAL PURCHASES & SHIPPING POLICY
Shipping Method:
We know that the hardest thing when purchasing online is the anxiety we all get waiting for the order to arrive!
For this reason, we always seek partners that may offer a quality service to deliver your collectibles fast and efficiently, anywhere in the world.
During the checkout process, you will be able to insert your zip code and choose among the carrier options that have delivery service available for your address. You will see each carrier option together with shipping cost and estimate time to deliver. Please note that it is an estimate time we provide but it may vary due to external reasons that are not under PCS’ control and responsibility, such as import delay processes from your local authority.
How are the International Shipping Charges calculated?
International shipping charges are calculated by dimensional weight and country of destination.
International Destinations (Countries outside USA)
As displayed at the product page, we do not collect custom fees, duties, sales taxes, etc. during your purchase with us. Since those possible charges are not included within our online purchase experience, please be aware that you may be charged by local authorities upon product arrival.
It is your responsibility to investigate the amount of taxes and duties that you may owe according to the country you selected to receive your order.
At PCS, we use harmonized code that we have been told is appropriate for the shipping of our products. Your local customs office has the power to change this code on its discretion. If you feel the final code/tax is not accurate, please contact the carrier and/or customs office directly to request a review.
If you refuse/do not pay necessary costs of a package due to import fees, customs fees, duties, etc., you will be responsible for any charges against PCS, including the return shipping fee that the carrier may charge to return the order back to our warehouse.
Upon the return of the order, we will reimburse you from what you paid, except for the original shipping cost and return shipping cost. If it was a pre-order, we will also retain the non-refundable deposit. Please see our returns and refund policy for details.
{Add link to refund policy}
If, for any reason, PCS is unable to receive the order back at its warehouse, your refund will not be issued.
Please Note:
Shipping fee will be calculated based on the volume weight of the shipment and the country of delivery.
Customers will be required to pay the IMPORT TAX and SURCHARGES to the shipping carrier to complete delivery.
The product will only be shipped upon completion of all payments.
A reservation deposit will be required to pre-order.
The cancellation fee is the amount of the non-refundable deposit (NRD).
If canceling an order paid through PayPal, PayPal cancellation fee will be covered by the customer.
Cancellation will only be accepted before delivery period is completed - after which, no refunds will be given.
If you fail to pay the IMPORT TAX, and the order is returned, you will be charged the return shipping fee and the 2nd attempt shipping fee.
No refunds are possible once shipping has commenced.
Determination of Customer Service will be managed internally by our team of experts.
To ensure a seamless Customer Service process, we kindly request an unboxing video of the product.
For further information on refunds, please check our Refund policy.
NON-REFUNDABLE DEPOSIT (NRD)
All of the items we sell on a pre-order (PO) basis require a non-refundable deposit (NRD) to be able to reserve your order for an item while it is in the process of production. The NRD amount is displayed on the product page of the item you are purchasing. NRD amounts are 10% of the item’s price at time of sale. If you disagree with the terms of this agreement, then you may cancel your order without penalty if it is within 24 hours of placing it. We will only accept such cancellations by emailing via our 'Contact Us' form within 24 hours of your order being placed. All emails regarding cancellations that are time stamped beyond 24 hours will have any NRD payments held. NRD payments cannot be transferred to a different product or used as payment on any other order. Once an item is cancelled and NRD is held, that item cannot be reinstated on an order unless a new NRD is paid for.
PCS COLLECTIBLES RETURNS AND REFUNDS POLICY
At PCS Collectibles, we strive to ensure your satisfaction with every purchase. However, if for any reason you are not completely satisfied with your order, you may return it under the following conditions:
Returns are accepted and refunds allowed for the following categories:
1) Preorder Deposit Only (NRD):
For items where a non refundable deposit has been paid and cancelled before the item has shipped, the deposit will not be refunded.
2) Preorder Items on Installment Plans:
Items on installment plans will be allowed a cash refund (minus NRD) within 60 days (2 months) of the purchase date or within 2 payment installments, whichever comes first. After 60 days (2 months) or 2 payment installments, only PCS Store Credit will be issued if item is cancelled before it is shipped.
For items shipped after installment plan has completed, only store credit will be issued for up to 1 months after the product is received.
3) Preorder Items Paid In Full:
Items Paid In Full will be allowed a cash refund (minus NRD) withing 60 days of the purchase date but are subject to a 25% restocking fee. After 60 days, store credit will be offered.
4) “Ready to Ship/In-Stock” items:
For items purchased “ready to ship/In-Stock” refunds are available for 30 days after purchase and are subject to a 25% restocking fee and minus shipping costs.
Refunds (cash or store credit) will not be offered beyond 2 months after any product has been received by the customer.
Declined Payments on Pre-Orders:
If a payment on your open pre-order declined, you will be notified via e-mail. PCS will automatically attempt to re-process the payment 3 to 7 business days from the decline. If payment declines a second time, the order is automatically cancelled and any non-refundable deposit (NRD) processed is held as the cancellation fee. Any payments over the NRD will be credited to your account as store credit.
Condition of Items:
Returned items must be in their original condition, unused, and in their original packaging.
Process for Returns:
Request a Return - To initiate a return, please contact our customer service team at customerservice@pcstoy.com with your order number and the reason for the return. We will provide you with a Return Merchandise Authorization (RMA) number and instructions on how to proceed.
Shipping Returns:
Customers are responsible for the cost of return shipping. We recommend using a trackable shipping service or purchasing shipping insurance, as we cannot guarantee that we will receive your returned item.
Refunds:
Store Credit:
Refunds will only be issued as store credit after the time respective time limits listed above.
Store credit can be used for future purchases at PCS Collectibles within a year of being issued.
For items shipped, the customer will be responsible for all shipping costs.
Processing Time:
Once your return is received and inspected, we will notify you of the approval or rejection of your return. If approved, your store credit will be processed, and a credit will be automatically applied to your PCS Collectibles account within 7 business days.
Shipping Costs:
Shipping costs are non-refundable. If you receive a store credit, the cost of return shipping will be deducted from your credit.
Final Sale Items:
Items marked as “Final Sale” cannot be returned or exchanged.
Policy Changes:
These terms and conditions are subject to change without prior notice. The latest updated version will always be published on this policy section.
Contact Us:
If you have any questions or need additional assistance, please contact our customer service team at customerservice@pcstoy.com
RIGHT TO CHANGE THE SITE
We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof.
ACCESS TO AND USE OF THE SITE
You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:
- hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of the Site without our express permission.
CONTENT
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (“Premium Collectibles Studio Content”), are owned, controlled or licensed by PCS Collectibles, LLC. The Premium Collectibles Studio brand name and Phoenix logo are registered trademarks of PCS Collectibles, LLC. The Site and the Premium Collectibles Studio Content are intended solely for personal, non-commercial use. You may download or copy the Premium Collectibles Studio Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Premium Collectibles Studio Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Premium Collectibles Studio Content or the Site.
PRIVACY
We respect the privacy of your personal information. Please view our Privacy Policy for more information.
DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE.
PCS Collectibles, LLC its subsidiaries, affiliates, and its licensors do not warrant that: a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
In no event shall PCS Collectibles, LLC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
COLLECTION OF INFORMATION
We collect various information on our behalf from and about you, including information you directly provide when you use the Contact Form. For example, we collect the phone number and/or email address you provided when using the Contact Form. When you send messages via the Contact Form, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Site. For example, we use cookies to track the items in your Shopping Cart and may use that information to send you triggered email campaigns (e.g., sending you personalized email messages such as shopping cart reminders). Message frequency will vary.
INDEMNITY
You shall defend, indemnify, and hold harmless, PCS Collectibles, LLC., its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, agents, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) violation of these Terms; (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (iv) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
COPYRIGHT POLICY
We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our customer service agent with the written information specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the State of North Carolina, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of North Carolina. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Mecklenburg, North Carolina, U.S.A., for all disputes arising out of or relating to accessing or using the Site. Access to or use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved.