Terms & Conditions of Sale
These Terms and Conditions of Sale govern the contractual relationship between ESPADA ART, LLC. whose headquarters is registered in Rancho Santa Margarita, California (hereinafter referred to as "Espada Art") and its customer.
Espada Art reserves the right to modify and update these Terms & Conditions of Sale at any time without notice.
All of our products are collectible statues, not toys, and were designed for people aged 14+. All of our statues are manufactured in limited edition. By ordering the customer declares to have read these Terms & Conditions of Sale and expressly accept these without reservation.
Billing & Payments
Payment Plan Terms
The payment plan option is a great resource for collectors, which allows them to purchase items through a reasonable monthly installment schedule that they customize. We do not charge interest for the payment plans, but your deposit is non-refundable. By using the payment plan option, you are agreeing to the simple terms and conditions outlined below.
1) Cancellation Fee: 20% Non-Refundable Deposit
Many of our collectibles require a non-refundable deposit at checkout to hold your pre-order during the production phase. If your order is canceled due to insufficient funds, incomplete shipping information, etc. then your deposit will be used as a cancellation fee.
2) Dispute of terms: 24-hour grace period
If you disagree with the terms of this agreement, then you may cancel, without penalty, within 24 hours of placing your order. You can cancel the order via your Espada Art online account and your deposit will be refunded to the original form of payment automatically if canceled within 24 hours of the order being placed.
3) Permission to charge your card on file
By using the payment plan option, you are agreeing to allow Espada Art to process your credit card for the dollar amounts on the schedule that you have selected. If your card expires or lacks the necessary funds during your plan, it is your responsibility to update it prior to your next payment date or risk order cancellation and fees.
4) Charge backs and fee disputes
Espada Art is as transparent as possible with any fees involved with the payment plan program and how those fees are incurred.
Credit card companies submitting a dispute, or charge back, to Espada Art on behalf of the collector for any payment plan cancellation fees incurred after the grace period will be given a copy of this agreement, as well as documentation of our check out process illustrating your acceptance of the terms, via the client required action of selecting a check box. The information that will be provided illustrates a contract that you created with Espada Art and generally results in a dismissal of the dispute. Please keep in mind that any accounts with pending charge backs will be temporarily disabled while all concerns are resolved to avoid further billing and shipping issues. Multiple chargebacks may result in account closure.
5) Espada Art can update the terms of this agreement at will.
We reserve the right to update the terms of this agreement at will, with or without notification to the collectors.
Managing Payment Methods
Update or Edit Credit / Debit Card
You can update your credit / debit card information in your online account at any time. You can also update your credit / debit card information on all your pre-orders up to 5 days before the order ships from our warehouse.
To add a new credit / debit card or edit an existing one:
- Visit www.espada-art.com.
- Login to your online account
- Hover the cursor over area that reads "HI YOUR NAME" in the upper right hand corner of the screen. Click Account.
- Click Payment Methods under the Espada Art Wallet area.
- Click on the credit card. Click Delete to add a new card. Click Change to update an existing card.
- Update your credit / debit card information and click Save.The next screen will show any standing pre-orders that can be updated with your new credit card info. You have the option of selecting individual orders or updating all orders.
* For international collectors, please be sure that your preferred currency is selected when adding or editing a credit / debit card.
Edit Pre-order Info
If you are attempting to update payment information outside of 5 business days prior to your order charging and shipping, you may see the message 'Item shipping soon. Order can not be updated. Please contact us'. This means your order is currently processing and you'll need to contact us at email@example.com to determine if changes can still be made.
Accepted Forms of Payments
Espada Art accepts the following forms of payment: MasterCard, Visa, Discover, and American Express. All credit card transactions are completed in the collector's local currency, unless the collector prefers to be charged in USD.
At this time we do not accept the following forms of payment: Personal checks, money orders, Paypal, Western Union wire transfers, Electron Visa Cards, Virtual credit cards, E-credit cards or international personal checks.
Credit Card Policy
All you could ever want to know about Espada Art Credit Cards Policies!
Credit Card Information:
All credit cards listed in your account must belong to you -the registered Espada Art account holder. The credit card must be current, and valid. The billing address in your account must match the billing address on the credit card.
Need to Update Your Info?
You can now update your credit card information through your online user account here.
When is My Card Charged?
Pre-Orders: You are billed when the product becomes available to ship. Note: All Non-Refundable Deposits (NRD) are charged immediately.
In-Stock: Your card will be charged immediately, for all in-stock pieces.
My Credit Card Failed
In-Stock: When a card fails to charge, you will see a pop-up message with steps to resolve.
Pre-Order: When a card fails to charge, we will notify you via e-mail.
You will have up to 5 business days from our e-mail notification to replace the failed credit card, depending on availability of stock.
Orders will be canceled if new card information is not provided timely or if the stock of the item is depleted after the initial attempt to charge your card. This courtesy window for payment replacement does not guarantee that we will hold your item.
Recharge your Card
If you received an email notification that your card will be rerun automatically, then it is your responsibility to make funds available on that card or cancel your order by the date specified within that correspondence. Espada Art will not be responsible for bank fees or overdrafts assessed due to a second attempt to process your card.
My Credit Card Failed again!
If your credit card declines a second time on a Pre-Order item you ordered that is ready to process and ship, whether you have requested to rerun the original card on file, it was rerun automatically or you have provided us with a new card, your order will be canceled immediately and you will receive a cancellation confirmation via e-mail.
Courtesy payment replacement window for Pre-Orders:
In general, customers will have between 3 – 5 business days from our e-mail notification to replace the declined payment method, depending on availability of stock. The courtesy time for payment replacement may not be offered on items that feature an extremely limited edition. We recommend that customers review their notifications carefully and prepare their funds accordingly!
Note about Charge Backs
All accounts with active charge backs are temporarily frozen, in order to avoid further billing and shipping issues, while we help resolve the issue.
When Does my Order Charge / Ship?
Your item ships after your last payment! Shipping costs and applicable taxes will be added to that last payment. International clients will need to pay Import fees to their carrier directly prior to delivery of the shipment.
Customers create a payment plan by choosing the date of their payment and the number of payments that works best for them! Once you have created your payment plan and submitted your order you may have questions like these...
Forget your schedule?
It will also appear in your order details in your online account and calendar.
Your payment will be charged on your selected date or within 48 hours following it if your payment date falls on a holiday or weekend. Make sure funds are available so that you avoid overdraft /over limit fees!
Score a discount? AWESOME!
Any discounts applied to your order will reduce the amount of each payment in your schedule. Thus, the amount of each payment may differ slightly from what was posted on site.
Returns & Exchanges
Non-Refundable Deposit & Cancellation Fee Terms
Non-Refundable Deposit (NRD)
Many of our items require a non-refundable deposit (NRD) to be able to reserve your order for an item, usually while it is in the process of production.
- The NRD amount is displayed on the web page entitled, ‘Your Shopping Cart’. NRDs are 20% of the item’s total price.
- 24-hour grace period: 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. The NRD will be refunded in full within 1-2 business days. Please allow 5-7 business days for the refund to post to your original form of payment.
- NRDs cannot be transferred if your order is canceled, for any reason.
- NRDs cannot be reinstated or placed on a different order.
- NRDs may be refunded upon cancellation only in the rare case that the item’s delivery date has been delayed by more than 90 days from the original estimated arrival date. Collectors would need to contact us directly to cancel their order and request for their NRD to be refunded.
Payment Plan Cancellation Fee
The payment plan option is a great resource for avid collectors. It’s hard work keeping track of all those payment plans! Because of this, Espada Art will need to charge a fee when a payment plan order is canceled.
- The non-refundable deposit placed to secure your order will be used as the cancellation fee.
- A cancellation fee is required regardless if the order cancellation was completed by the customer or by Espada Art, due to insufficient funds, expired cards, etc.
Customs / Duty Abandonment Fee
International collectors are responsible to pay duties on their shipments in a separate payment directly to the carrier, either prior to final delivery or through an invoice received after delivery. If the collector decides not to accept the shipment and abandon it with customs officials or refuse to pay of their duties / fees when invoiced, then this may result in charges assessed to Espada Art. We reserve the right to deduct any of these fees, incurred by duty or product abandonment, from any refund due to the collector.
Credit card companies submitting a dispute, or charge back, to Espada Art for any NRDs, cancellation fees, or back charged customs duties will be given a copy of the terms and conditions of those specific agreements, as well as documentation of our checkout process illustrating your acceptance of the terms, via the client required action of selecting a check box. The information that will be provided illustrates a contract that you created with Espada Art upon checkout and generally results in a dismissal of the dispute. Please keep in mind that any accounts with pending charge backs will be temporarily disabled while all concerns are resolved to avoid further billing and shipping issues. Multiple chargebacks may result in account closure.
Want to Return or Exchange Something?
We've pretty much got you covered! Tell us, what would you like to do?
EXCHANGE: Contact us ASAP, and we will check if a replacement is available for you. If an exchange is available, then reshipment will be at the customer’s expense after we receive your returned item in perfect condition. If an exchange isn’t possible, we can offer you a credit or a refund in accordance with the terms below.
RETURN: The customer has a period of 14 days to return, at their expense, the products which do not suit them. This period starts from the date of delivery of the customer’s order. This cancellation right does not bear penalties or costs, except for return shipping costs and NRD. If this period expires on a Saturday, Sunday or a United States holiday, then it will be extended until the next business day.
REFUND: Any refund must be placed within the first 30 days of delivery. Collectibles that arrive with damage can be returned for a full refund, which includes all shipping costs. The statue must be in good condition, in their original packaging, with all accessories and must be accompanied with a completed return invoice form located right HERE.
Items returned incomplete, damaged or soiled by the customer won’t be accepted.
Need a Replacement Part?
Did your new statue arrive damaged? Give us the low down of what happened, and what part / piece you think you may need to remedy the issue / break.
To expedite the *possibility of a replacement, please share a few photos -close ups and full shots of the problem area / areas to ensure our Espada Art engineers understand the situation. Pictures are worth a thousand words, but don't be shy, please share as much detail as you can in your Parts Request and we'll do our best to make your collectible whole again. We include shipping insurance on our initial shipping invoice; however that only pertains to the statue already received. If for some reason the item arrives damaged, it is the buyers responsible to pay for the new shipping invoice on the replacement part.
*Due to the limited nature of our products, we only produce/receive a small number of replacement pieces and parts. We cannot guarantee stock of replacement parts / pieces for sold out or older archived items.
Light Up Function Isn't Working?
Come to the light...with a few troubleshooting suggestions that have worked for us in the past! Please be sure to perform the below suggestions while the piece is off.
- Fresh batteries! It's rare, but sometimes the batteries included in the package may be dead on arrival.
- Clean the Connections! Sometimes clear glossy paint can interfere with the electrical current. Examine and clean the connections by lightly applying some rubbing alcohol with a Q-tip and / or cleaning wipe.
- Turn it on! Leave it on! After cleaning, reassemble your piece and turn it on, and leave it on for 10-20 minutes...sometimes it just needs time.
If you have troubleshot our three recommendations above and the light up function still doesn’t work, shoot us an email at firstname.lastname@example.org at we will get this resolved!
Purchasing an Item From an eBay Seller?
There will always be that limited edition collectible you waffled on and then missed your opportunity to purchase. Now it’s a super amazing grail piece that you absolutely must have for your collection. Oh look, it’s on eBay!?
Before you hit that Buy It Now button, be careful. Espada Art does not have authorized eBay vendors or sellers.
It is important to us that your purchasing experience is informed and fair. While the majority of eBay vendors are legitimate and honest, we have had complaints from customers who purchased an item through auction. These can range from a vendor’s misrepresentation of product availability, to edition sizes, to delivery expectations, and false implications of partnerships with Espada Art.
Espada Art Recommendations
- Request pictures of the item out of the box, including pictures of the base and the edition number.
- Do not buy mint in box/never opened collectibles. Always request the seller open the product and check for damages prior to shipping it.
- Does the seller have a return policy? If not, you should think twice.
- Offer to pay for shipping insurance on your item. Things happen during transit. It’s not pretty. Trust us on this one.
Abiding by the above guidelines will help protect you from unexpected surprises while on your online collecting adventure.
Information about eBay Pre-order Auctions
We are aware that some eBay vendors are selling Pre-orders of Espada Art products that have yet to be released.
These auctions are for collectibles that are still in production and may not arrive for many months! Because of this, these eBay vendors cannot guarantee that they will have these products at a specified time, if they receive it at all.
Instead, we recommend pre-ordering from Espada Art directly (via our website), or through an official Espada Art vendor. Official vendors that carry Espada Art products generally also have helpful return policies in place, as well as customer service to assist their clients.
So make sure you explore all options before clicking that eBay Pre-order. It may save you some trouble down the line.
Didn’t Purchase It Directly From Espada Art?
If you bought one of our products from another Seller/Retailer - online or otherwise the first step is to contact the seller/retailer you purchased it from. That seller/retailer will have their own policy and procedures for handling returns or replacements.
If the seller is unable to assist you, feel free to contact us. We can certainly look into your inquiry to see if we can help! Just know our options will be limited.
Note: Espada Art is unable to issue any refunds for collectibles that were not purchased directly from our website.