Terms of Service

Welcome to ACG Hobbies! These Terms of Service outline the agreement between you and us regarding the products and services we provide. Please read them carefully before placing any order.

1. Understanding These Terms

1.1 What These Terms Cover

These terms and conditions govern how we supply products to you, whether they are physical goods, services, or digital content.

1.2 Why You Should Read Them

It is important to read these terms thoroughly before submitting your order. They explain who we are, how we will provide products, how you and we can modify or end the contract, what to do if issues arise, and other essential information. If you believe there is an error in these terms, please contact us for clarification.

1.3 Business Customer vs. Consumer

Your rights under these terms may differ depending on whether you are a business customer or a consumer.

• You are a Consumer if:You are an individual purchasing products from us wholly or primarily for your personal use (not for use in connection with your trade, business, craft, or profession).
• You are a Business Customer if:You are purchasing products for use in connection with your trade, business, craft, or profession.

1.4 Entire Agreement for Business Customers

If you are a business customer, these terms constitute the entire agreement between us regarding your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made by or on our behalf that is not explicitly set out in these terms. You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. About Us and How to Contact Us

2.1 Who We Are

ACG Hobbies specializes in custom ACG (Anime, Manga, Game) merchandise.

2.2 How to Contact Us

You can contact us via email at service@acghobbies.com.

2.3 How We May Contact You

If we need to contact you, we will do so by writing to you at the email address or postal address you provided in your order.

2.4 "Writing" Includes Emails

When we use the words "writing" or "written" in these terms, this includes emails.

3. Your Order and Our Contract

3.1 Order Acceptance

Our acceptance of your order occurs when we send you an email confirming acceptance. At this point, a contract will be formed between you and us.

3.2 If We Cannot Accept Your Order

If we are unable to accept your order, we will inform you in writing and will not charge you for the product. This may happen if:

• The product is out of stock.
• There are unexpected limits on our resources that we could not reasonably plan for.
• We have identified an error in the product's price or description.
• We are unable to meet a specific delivery deadline you requested.

3.3 Your Order Number

We will assign an order number to your order and provide it to you upon acceptance. Please reference this number whenever you contact us about your order.

3.4 Eligibility to Shop with Us

To place an order with us, you must:

• Be at least 13 years old, or have permission from an adult to purchase our goods.
• Possess a credit or debit card that we accept.
• Be authorized to use that credit or debit card (e.g., it is in your name or you have permission to use it).

4. Our Products: Customization & Quality

4.1 Product Appearance

The images of products on our website are for illustrative purposes only. While we strive for accurate color representation, we cannot guarantee that your device's display will perfectly reflect the product's true colors. Your final product may vary slightly from these images.

4.2 Product Packaging

The packaging of your product may vary from what is shown on our website.

4.3 Custom-Made Products

All our products are custom-made specifically for you. Please review the following guidelines to ensure your products meet your expectations.

4.4 Artwork Files

All products are produced based on the artwork files you submit. Please ensure all artwork files are correct and meet our specifications. We are not responsible for defective products where the defect is due to an error in the file you provided.

4.5 Color Accuracy

Digital printing may result in some minor color variations. We monitor these variations daily to keep them within acceptable levels. While print colors will always be very close, a 100% exact color match is not possible, and colors can vary slightly between different print runs.

4.6 Crop Marks

For acrylic products, we advise that all customer artwork files include approximately a 2mm crop mark from the border. We are not responsible for defective products where the issue is due to an error we advised against.

4.7 Measurements

If we are producing a product based on measurements you provide, you are responsible for ensuring these measurements are correct. We are not responsible for defective products where the defect is due to incorrect measurements provided by you. Please note that the size should include the charm's border and hole, and is determined by the longest edge, not solely the printing design size.

4.8 Proofs

If you request an artwork proof before production, we will provide one. Once you approve the proof, it is considered correct and ready for production. We will not be liable for any errors that are not corrected after you have authorized the proof.

4.9 Samples

To ensure your satisfaction before placing a bulk order, we highly recommend purchasing a sample from us. Samples allow you to verify:

• Our production process.
• Print accuracy.
• Print quality.
• How your design translates into the chosen product.

Please note that samples typically have a lead time of 2-10 working days, and costs apply. If you choose not to purchase a sample of your custom-made product, we will not accept liability for any defective products resulting from an error in your submitted file or if your files did not comply with our product guidelines. As samples are custom-made products, you do not have a right to change your mind or cancel the contract for them (see clause 8.4).

4.10 Small Parts and Choking Hazards

Our products may contain small components that could pose a choking hazard if swallowed. Our products are not suitable for children under 3 years of age. All products should be stored out of reach of babies. We do not take responsibility for the use of products after purchase.

5. Your Rights to Make Changes

You cannot make changes to your order once its production has already commenced. However, if you wish to request a change to a product you have ordered, please contact us. We will inform you if the change is possible. If it is, we will notify you of any adjustments to the product's price, supply timing, or any other necessary consequences of your requested change, and we will ask you to confirm if you wish to proceed.

6. Our Rights to Make Changes

6.1 Minor Changes

We may make minor changes to the product or these terms to reflect:

• Changes in relevant laws and regulatory requirements.
• Changes in technology.
• Changes in payment methods.
• Changes in our system’s capabilities.

6.2 More Significant Changes

If we make more significant changes to these terms or the product (as described on our website), we will notify you. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not yet received.

7. Providing the Products

7.1 Delivery Costs

The costs of delivery will be displayed to you on our website.

7.2 International Delivery

If you order products for delivery outside of China, your order may be subject to import duties and taxes upon reaching the destination.

• Taxes and duties are the responsibility of the buyer. These fees are determined by the destination country's government according to local rules and may be collected by the shipping courier before or during delivery.
• We recommend contacting your local postal authority for more information about customs fees, duties, and taxes specific to your location.
• Buyers are responsible for paying any applicable fees required to receive their items. Shipments that are abandoned or refused by the buyer are not eligible for refunds. We advise complying with any local requirements as soon as possible (usually customs allows 7 to 14 days) before the shipment is discarded or destroyed.

7.3 When We Will Provide Products

During the order process, we will inform you of the estimated timeframe for providing your products. We will deliver goods to you as soon as reasonably possible, and in any event, within 30 days after the day on which we accept your order.

7.4 Delays Outside Our Control

We are not responsible for delays caused by events outside our control. If our supply of products is delayed by such an event, we will contact you as soon as possible to inform you and take steps to minimize the delay's effect. Provided we do this, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received, unless production of your order has commenced or your order has been marked as 'Production' and has been either fully or partly produced as per your instructions.

7.5 If You Are Not Home for Delivery

If no one is available at your address to take delivery and the products cannot be left securely, we will leave a note informing you how to rearrange delivery or collect the products from a local depot.

7.6 Failure to Rearrange Delivery

If, after a failed delivery attempt, you do not rearrange delivery or collect the products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any additional delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery/collection, we may end the contract, and clause 10.2 will apply.

7.7 Responsibility for Goods

A product that is goods becomes your responsibility from the time we deliver it to the address you provided.

7.8 Ownership of Goods

You own a product that is goods once we have received full payment.

7.9 Failure to Provide Required Information

We may require certain information from you, such as artwork files, to supply the products. This will be stated in the product description on our website. We will contact you in writing to request this information. If you do not provide this information within a reasonable time, or if you provide incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or charge you a reasonable sum to compensate us for any extra work required. We will not be responsible for supplying products late or not supplying any part of them if this is caused by your failure to provide the necessary information within a reasonable time.

7.10 Reasons for Suspending Product Supply

We may need to suspend the supply of a product to:

• Address technical problems or make minor technical changes.
• Update the product to reflect changes in relevant laws and regulatory requirements.
• Make changes to the product as requested by you or notified by us (see clause 6).

7.11 Your Rights if We Suspend Supply

We will contact you in advance to inform you if we will be suspending product supply, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or notify you we are going to suspend it, as long as your order has not begun production, been marked as 'Production', or been fully or partly produced as per your instructions. In such cases, if the suspension is for more than 10 days, we will refund any sums you have paid in advance for the product for the period after you end the contract.

7.12 Suspension for Non-Payment

If you fail to pay us for products when due, and do not make payment within 5 days of our reminder, we may suspend product supply until outstanding amounts are paid. We will notify you of this suspension. We will not suspend products if you dispute the unpaid invoice (see clause 14.7). We will not charge you for products during the suspension period. In addition to suspending supply, we may also charge interest on overdue payments (see clause 14.6).

8. Your Rights to End the Contract

8.1 General Right to End Contract

Your rights when ending the contract depend on what you have bought, whether there is a defect, how we are performing, when you decide to end the contract, and whether you are a consumer or business customer:

• Faulty or Misdescribed Products: If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced, or a service re-performed, or to get some or all of your money back). Please refer to clause 12 if you are a consumer and clause 13 if you are a business.
• Ending Due to Our Actions: If you want to end the contract because of something we have done or have told you we are going to do, please refer to clause 8.2.

8.2 Ending the Contract Due to Our Actions

If you are ending a contract for a reason listed below, the contract will end immediately, and we will refund you in full or partly for any products that have not begun production, been marked as 'Production', or been provided. You may also be entitled to compensation. The reasons are:

• We have informed you of an upcoming change to the product or these terms that you do not agree to (see clause 6).
• We have informed you of an error in the price or description of the product you ordered, and you do not wish to proceed.
• There is a risk that product supply may be significantly delayed due to events outside our control.
• We have suspended product supply for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks.
• If all or part of our products are incorrect, we will bear the responsibility for rework. If you request a refund, we will refund the amount of the incorrect part.
• If the reason for ending the contract is not one of those described in (a) to (e) above, and goods have been produced or partially produced, you will need to bear the cost of the produced part.

8.3 Consumer Right to Change Mind (14 Days)

If you are a consumer, for most products purchased online, you have a legal right to change your mind within 14 days and receive a refund.

8.4 When Consumers Cannot Change Their Minds

Your right as a consumer to change your mind does not apply to:

• Products that were personalized or custom-made for you.
• Any products which become inseparably mixed with other items after their delivery.

9. How to End the Contract with Us

9.1 Notifying Us

To end the contract with us, please inform us by:

• Emailing us at service@acghobbies.com. Please provide your name, home address, order details, and your email address.

9.2 Returning Products After Ending Contract

If you end the contract for any reason after products have been dispatched to you or you have received them, please do not return any products to us unless you have been instructed to do so by a member of the ACG Hobbies team.

9.3 When We Pay Return Costs

We will pay the costs of return if:

• The products are faulty or misdescribed.
• You are ending the contract because we have informed you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong.
• Proof of postage is required before we agree to pay the costs of return.

9.4 How We Will Refund You

If you are entitled to a refund under these terms, we will refund you the price you paid for the products, including delivery costs, using the method you used for payment. However, we may make deductions from the price as described in our Refund Policy.

9.5 When Your Refund Will Be Made

We will make any refunds due to you as soon as possible.

10. Our Rights to End the Contract

10.1 Reasons We May End the Contract

We may end the contract for a product at any time by writing to you if:

• You do not make any payment to us when it is due.
• You do not, within a reasonable time of us asking for it, provide us with information necessary to provide the products (e.g., artwork files).
• You do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
• Any artwork files you submit contain materials that are:
  • Defamatory of any person.
  • Obscene, hateful, or inflammatory.
  • Sexually explicit or violent.
  • Discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringes the intellectual property rights of any other person.
• You display abusive or threatening behavior towards any of our employees.

10.2 Compensation if You Break the Contract

If we end the contract in the situations outlined in clause 10.1, we will refund any money you have paid in advance for products we have not provided. However, we may deduct or charge you the net costs we incur as a result of your breaking the contract.

10.3 Product Withdrawal

We may inform you in writing that we are discontinuing a product. We will provide at least 1 month's advance notice before stopping supply and will refund any sums you have paid in advance for products that will not be provided.

11. Product Problems

If you have any questions or complaints about a product, please contact us. You can write to us at service@acghobbies.com.

12. Consumer Rights for Defective Products

If you are a consumer, we are under a legal duty to supply products that conform to this contract. Please refer to our Refund & Returns Policy for details on your obligation to return rejected products.

13. Business Rights for Defective Products

13.1 Warranty for Business Customers

If you are a business customer, we warrant that upon delivery, any products that are goods shall:

• Conform with their description and any relevant specification.
• Be free from material defects in design, material, and workmanship.
• Be of satisfactory quality.
• Be fit for any purpose held out by us.

13.2 Remedy for Non-Compliance

Subject to clause 13.3, if:

• You provide us with written notice within a reasonable time of discovering that a product does not comply with the warranty in clause 13.1.
• We are given a reasonable opportunity to examine such product.
• You return such product to us at our cost. We shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

13.3 Exclusions from Warranty

We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:

• You make any further use of such product after giving notice in accordance with clause 13.2(a).
• The defect arises because you failed to follow our oral or written instructions regarding the storage, installation, commissioning, use, or maintenance of the product, or (if none) good trade practice.
• The defect arises as a result of us following any drawing, design, or specification supplied by you.
• You alter or repair the product without our written consent.
• The defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.

13.4 Limitation of Liability for Businesses

Except as provided in this clause 13, we shall have no further liability to you regarding a product's failure to comply with the warranty in clause 13.1.

13.5 Application of Terms to Repaired/Replacement Products

These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.

14. Price and Payment

14.1 Product Pricing

The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure the price advised to you is correct. However, please see clause 14.3 for what happens if we discover a pricing error.

14.2 VAT Rate Changes

If the VAT rate changes between your order date and the product supply date, we will adjust the VAT rate you pay, unless you have already paid for the product in full before the VAT rate change takes effect.

14.3 Pricing Errors

It is always possible that, despite our best efforts, some products may be incorrectly priced. We normally check prices before accepting your order. If the product's correct price at your order date is less than our stated price, we will charge the lower amount. If the correct price is higher, we will contact you for your instructions before accepting your order. If we accept and process an order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund any sums paid, and require the return of any goods provided.

14.4 Payment Methods and Due Date

We accept payment by credit and debit cards, and PayPal. For goods, you must pay for the products upon ordering via our website.

14.5 Business Customer Set-Off Rights

If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).

14.6 Late Payment Interest

We may charge interest if you pay late.

15. Our Responsibility for Loss or Damage (Consumer)

15.1 Foreseeable Loss and Damage

If we fail to comply with these terms, we are responsible for foreseeable loss or damage you suffer as a result of our breach of contract or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious it will happen or if, at the time the contract was made, both we and you knew it might happen (e.g., if discussed during the sales process).

17. Use of Your Personal Information

17.1 How We Use Your Personal Information

We will only use your personal information as set out in our Privacy Policy on our website.

18. Other Important Terms

18.1 Third-Party Intellectual Property Rights

If you provide us with artwork files owned by a third party, we are not responsible for any liabilities, costs, expenses, damages, and losses incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising from or in connection with our use of your product specifications. If we have reason to believe that the artwork files you supplied are not your intellectual property, we reserve the right to cancel the contract and product production.

18.2 Transfer of Agreement

We may transfer our rights and obligations under these terms to another organization. We will always inform you in writing if this occurs, and we will ensure that the transfer does not affect your rights under the contract.

18.3 No Third-Party Rights

This contract is solely between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need the agreement of any other person to end the contract or make any changes to these terms.

18.4 Severability

Each paragraph of these terms operates separately. If any court or relevant authority determines that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 No Waiver of Rights

Even if we delay in enforcing this contract, we can still enforce it later. If we do not immediately insist that you do anything required under these terms, or if we delay in taking steps against you for breaching this contract, it does not mean you are excused from those obligations, and it will not prevent us from taking action against you later. For example, if you miss a payment and we continue to provide products without immediate pursuit, we can still require payment at a later date.

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the UK.