Last Updated and Effective as of : Octorber 2, 2023

Welcome to the PREMIUM BANDAI website located at https://p-bandai.com/eu/ (hereinafter referred to as the "Website" or "PREMIUM BANDAI"). This Website is maintained and operated by BANDAI SPIRITS CO., LTD (hereinafter referred to as "Company", "we", "our" or "us").

BANDAI SPIRITS CO., LTD has established these Website Terms of Use (hereinafter referred to as the "Website Terms of Use") for purposes of the access and use of the Website.

Information about the Company
BANDAI SPIRITS CO., LTD.
3-5-19,Mita, Minato-ku, Tokyo, 108-0073, Japan, joint stock company with capital of 300,000,000 JPY, registered in Tokyo Legal Affairs Bureau, 010501042212
Website: https://www.bandaispirits.co.jp/e/
Email address: support@eu-pbandai.zendesk.com

Please read carefully these Website Terms of Use.
Your access and use of the Website are subject to these Website Terms of Use and all applicable laws.
You declare to have read and expressly accept and agree these Website Terms of Use by ticking the checkbox provided at the registration as a Member, as defined in the Membership Agreement which is available here (hereinafter referred to as "You" or the "Member").

Registration as a Member to PREMIUM BANDAI is subject to the prior acceptance of the terms and conditions laid down within the Membership Agreement established by the Company and mentioned above.

Please note that the seller of the goods to be sold on PREMIUM BANDAI is Bandai SAS, which belongs to the same group as the Company BANDAI SPIRITS CO., LTD. The sale between the Member and Bandai SAS requires your prior registration as a Member and is subject to the prior acceptance of the terms and conditions laid down within the Purchase of Goods Agreement established by Bandai SAS which is available here.

By purchasing the good(s) on PREMIUM BANDAI, you agree to the terms and conditions of these Website Terms of Use, the Purchase of Goods Agreement as well as the Membership Agreement, which you expressly accept by ticking the checkbox provided for each of these agreements.

Article 1 Accessibility

If you are having any trouble accessing these Website Terms of Use or the Website, please contact us through this link: click here.

Article 2 Authorized Use of Website

This Website is provided for your personal use, any -commercial use and resale being strictly prohibited, and for informational purposes only. Any other use of the Website requires the prior written consent of Company.

Article 3 Unauthorized Use of Website

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Website Terms of Use. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

Article 4 Proprietary Rights

Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display the materials, such as certain third-party licensors. By using the Service (as defined within the Membership Agreement), you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Website Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Website Terms of Use are reserved by Company.

Article 5 No Ideas Accepted

We do not accept any unsolicited ideas to this Website from outside the Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence.

Article 6 Third Party Links

This Website may contain links to other websites not maintained by us. Other websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website that you visit.

Article 7 Limitation of Liability

The color of products you see will on the screen depends in part on settings of your computer system and we cannot guarantee that the color, texture or detail of actual products will be strictly identical.

Further, we do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Website by any third party, including customers.

In addition, we may make changes to information posted on the Website about price, availability or other product attributes with reasonable prior notice, and in any case without effect for the ongoing orders or orders placed prior to the change.

Company makes its best efforts to ensure the availability of the Website at any time. However, access to the Website may be temporarily limited or interrupted, without prior notice, in particular to allow maintenance operations.

Company draws your attention to the existence of possible risks linked to the functioning of the Internet not attributable to the Company. Company shall not be held responsible for the arising of such risks. It is your responsibility to ensure that the technical characteristics of the equipment that you use allow you to access the Website in proper conditions, and to take all appropriate measures to secure your Internet connection and to be protected against possible viruses.

The Company is liable for willful misconduct and gross negligence.
Even if the non-performance of the Website Terms of Use is due to gross negligence or willful misconduct, the damages only include what is an immediate and direct consequence of the non-performance.

Further, the Company is liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the Website Terms of Use , whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the Member may rely on regularly. In the last-mentioned case and except for gross negligence and willful misconduct, the Company is only liable for the damages which were foreseen or could have been foreseen at the time of conclusion of the contract, within the limits permitted by the regulation applicable towards a consumer. The same applies to breaches of duty by our vicarious agents.

The abovementioned exclusions of liability do not apply in case of damage of life, body and health.

In any case, the liability pursuant to the product liability law remains unaffected and, if any, remains applicable.

Article 8 Indemnification

You agree to indemnify, defend and hold harmless Company from and against any and all claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from, or related to (i) your use of the Website that would be fraudulent, malicious or harmful, (ii) any significative breach by you of any of these Website Terms of Use and/or (iii) any violation of applicable law arising due to the use of the Website, insofar as you are exclusively responsible.

Article 9 Force Majeure Event

Neither the Company nor the Member shall be held liable in the case where the breach or delay in the performance of any of their obligations under these Website Terms of Use derives from a force majeure event within the meaning of Article 1218 of the French Civil Code.

Article 10 Data Protection

The Company is committed to being as open and transparent as possible and to providing the Member with all necessary information about how its Personal Data (as that term is defined in the Privacy Policy) is collected, used and protected when accessing and using the Website.
For more information, please read our Privacy Policy here.

Article 11 Scope and Amendment of the Website Terms of Use

These Website Terms of Use are executed by and between the Member and the Company in connection with both the access and use of the Website and will be applied in this respect provided, however, that if there are other terms and conditions particularly agreed to in writing between the Company and the Member for any specific aspect of accessing or using the Website, such terms and conditions will prevail over these Website Terms of Use, unless otherwise stated in writing.

The Company may update and change these Website Terms of Use in a non-material manner by informing the Member thereof in advance with a reasonable notice period.
The amendment of these Website Terms of Use will then take effect when the revised Website Terms of Use are posted on the Website, without effect for the ongoing orders or the orders placed prior to the change.

It is specified that the Website Terms of Use may be kept by anyone visiting the Website by downloading a PDF version of the Website Terms of Use by clicking here or by printing it out.

Regarding the access and use of the Website after the change of these Website Terms of Use, the revised Website Terms of Use will apply.

In any case, the Company will never materially change these Website Terms of Use without the prior consent of affected Members.

Article 12 Severability, Interpretation

If any provision or part of these Website Terms of Use shall be held or declared to be invalid or unenforceable for any reason by a court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Website Terms of Use, subject to the hypothesis of the nullity of an essential clause of the Website Terms of Use or the interdependence of the contractual stipulations likely to lead to the cancellation of all or part of the Website Terms of Use.

Notwithstanding the above, the invalid provision is to be taken as being replaced and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. The same applies if there is a gap in the provisions in these Website Terms of Use.

Article 13 Waiver, Remedies

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Website Terms of Use by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Website Terms of Use. The rights and remedies of Company under these Website Terms of Use and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.
The same applies for the Member.

Article 14 Governing Law, Langage

These Website Terms of Use will be governed and interpreted in accordance with Japanese law without regard to the conflicts of law provisions thereof.
In the event the Member acts as a consumer, this shall only apply to the extent that this does not deprive the Member from its protection by mandatory statutory provisions of the country in which the Customer has its habitual place of abode, and under French law the provisions of the French Consumer Code notably.

The contract language is French. In the event that these Website Terms of Use are translated into languages other than French, the French-language version will prevail if the Member is a French resident.

Article 15 Dispute Resolution

In the event of any dispute between the Member and the Company deriving from these Website Terms of Use, the parties have the possibility to find an amicable solution, in which case the Member is invited to contact the Company.
Please visit here to submit a request to us.
The Member is informed that he has the possibility to resort to any alternative dispute resolution method and in particular to a French mediation procedure by contacting the mediator whose details and website are available on this page.

The European Commission provides a platform for online dispute resolution which is available here , that you may access in case of any dispute with the Company.

In any case, any dispute arising out of the formation, conclusion, validity, interpretation, execution or termination of these Website Terms of Use and their consequences between the Company and the Member may be submitted by either party to the competent courts in accordance with applicable law.

Article 16 Terms of Sale

Please carefully review our Terms of Sale which are available here.

Article 17 Questions

Should you have any questions regarding these Website Terms of Use you may contact us at support@eu-pbandai.zendesk.com or through this link: click here.