Terms of Use & General Terms and Conditions (GTC / AGB)

Last Updated: November 2026

Operator: Kupiku AG, Bahnhofstrasse 9, 6460 Altdorf, Switzerland

Commercial Register No. / UID: CHE-218.847.356

1. Scope & Provider Information

These Terms of Use and General Terms and Conditions ("Terms") govern all orders placed through www.kupiku.com (the "Website"), operated by Kupiku AG ("Seller", "we", "us", or "our"), by customers worldwide ("Customer" or "you").

By placing an order or registering an account, you agree to be bound by these Terms. Any diverging terms of the Customer are expressly rejected unless confirmed in writing.

Our full company identification, registration details, and customer support contacts are provided on our Imprint / Impressum page in compliance with Swiss statutory disclosure standards (UWG Art. 3 para. 1 lit. s).

2. Product Nature, Condition Descriptions & Disclaimer of Grading Warranties

Scope of Media Goods: We specialize in the sale of physical audio and media items, including compact discs (CDs), vinyl records (LPs, EPs, 7-inch singles), cassette tapes, box sets, and associated packaging.

Subjective Nature of Grading: Any condition descriptions, subjective quality indicators, or shorthand grading tiers provided on listings serve solely as non-binding, indicative and subjective guidance. To the maximum extent permitted by applicable Swiss and international law:

All items are sold strictly on an "as-is" and "as-inspected" basis.
We give no express or implied warranty, representation, or guarantee regarding the acoustic fidelity, microscopic groove cleanliness, or absolute collector condition grade of any item.

Inherent Aging & Analog Characteristics: Vintage, archival, and pre-owned physical media inherently carry varying degrees of natural aging, sleeve creases, edge wear, spindle marks, surface abrasions, minor pressing variations, or ambient analog surface noise/tape hiss. Such natural characteristics and minor cosmetic wear do not constitute non-conformity or defects.

3. Order Conclusion & Contract Formation

Product displays on the Website constitute an invitation to treat (invitatio ad offerendum) and do not represent a legally binding offer to contract.

By proceeding through checkout and clicking the button marked "Place Order", you submit a legally binding offer to purchase the specified merchandise.

We acknowledge receipt of your order via automated email. A legally binding purchase contract is formed exclusively upon either our explicit order confirmation or the physical dispatch of the items from our fulfillment facility.

Dispatch Confirmations & Tracking Specifications:

Standard vs. Tracked Delivery: Not all shipments include end-to-end tracking. Every dispatched order generates an automated dispatch confirmation containing a shipping confirmation code from the carrier. This reference code provides active tracking scans only if you selected and purchased a tracked shipping service at checkout. For non-tracked options, the reference code serves solely as definitive proof of carrier induction.
United States Shipments (USPS Hybrid Routing): For orders delivered within the United States, a USPS tracking number is generated several days after purchase. Because shipments are dispatched in bulk consolidation from Japan to our US domestic shipping partner, the USPS tracking status will remain at "Pre-Shipment" or "Shipping Label Created" without scanning updates until the consolidation reaches the US hub and is formally scanned into the USPS domestic mail stream (typically 10 to 14 days following order placement). Lack of interim movement on the USPS portal during this cross-border transit window reflects standard operational routing and does not indicate a dispatch delay.

4. Item Location & Dispatch Logistics

Inventory Location: The goods offered on our Website are located in and dispatched directly from Japan.

International Handover: Consignments are packaged and transferred to international postal carriers, freight forwarders, or courier services in Japan for global distribution.

Fulfillment Timelines: Dispatches generally occur within 4 to 7 business days following cleared payment. We reserve the right to reasonable processing extensions during regional or Japanese national holidays, extreme weather events, natural disasters, international transport capacity bottlenecks, or other unforeseen operational disruptions.

5. Import Duties, Customs & Value-Added Tax (DAP Terms)

No Tax Collection at Checkout: We operate on a Delivered at Place (DAP) basis. We do not assess, collect, or remit destination sales tax, import VAT, or customs tariffs at checkout.

Customer as Importer of Record: The Customer is solely responsible for fulfilling all customs formalities and settling all import VAT, consumption taxes, customs clearing surcharges, and administrative inspection fees imposed by the destination country upon arrival.

Swiss Import VAT: For deliveries into Switzerland, Kupiku AG does not collect Swiss VAT on the Website. Swiss Federal Customs (FOCBS) or the delivering postal partner will assess and collect Swiss import VAT, customs tariffs, and customs clearance handling charges if the assessment exceeds statutory exemption thresholds.

Refused, Uncollected, or Returned Shipments: If a shipment is rejected by the recipient, returned due to non-payment of customs levies, or returned following failed delivery attempts / non-collection from a local holding facility:

The Customer remains liable for all actual outbound shipping & handling expenses and carrier return penalties incurred by us.
Any eligible balance refund will be issued solely after the shipment has safely arrived back at our logistics facility in Japan and passed physical inspection, net of all incurred shipping and return freight costs. If return freight costs exceed the purchase value, the package may be abandoned at origin without refund entitlement.

6. Pricing, Currency Exchange & Financial Institution Fees

Currencies: Prices are indicated in the currency selected by the Customer during their store browsing session (including CHF, EUR, USD, JPY, and other displayed currencies).

Exclusion of Shipping Charges: Displayed item prices exclude shipping & handling fees, which are calculated and added during the checkout process based on destination and shipping tier.

Payment Settlement: Orders must be paid in full immediately at checkout through our integrated payment interfaces.

Foreign Exchange & Bank Fee Disclaimer:

We process transactions and issue eligible refunds in the exact nominal currency unit billed on the initial transaction receipt.
We bear no liability or responsibility for any foreign exchange fluctuations, currency conversion losses (or gains), card processing margins, cross-border transaction fees, or account surcharges applied by your bank, credit card issuer, or payment processor between the date of purchase and the date of any cancellation or refund. Any variance in the net local-currency amount received into your account is determined entirely by your financial institution.

7. Right of Withdrawal & Cancellations

7.1. Statutory Cancellation Framework for European Union (EU / EEA) Consumers

14-Day Cooling-Off Period: Consumers residing in the EU hold a statutory right to withdraw from their purchase contract within fourteen (14) days from the date on which they (or a nominated third party other than the carrier) acquire physical possession of the goods.
Exclusion for Unsealed Media (Directive 2011/83/EU Art. 16(i)):
- The right of withdrawal is strictly excluded for sealed audio, video, or physical sound recordings (including sealed vinyl LPs, sealed CDs, and sealed cassettes) once the factory shrink-wrap, tamper seal, or outer protective film has been opened, broken, or removed following delivery.
Withdrawals While Goods Are En Route (In-Transit Dispatch Safeguard):
- Once an order has been physically dispatched from our Japanese facility and handed to the postal carrier, the shipping transit process cannot be electronically cancelled, intercepted, or re-routed.
- If you exercise your statutory right of withdrawal while your package is actively en route, no refund will be issued while the goods remain in transit.
- To complete the withdrawal, you must accept delivery of the parcel upon arrival and return the unopened, intact items to our designated return facility at your own expense.
- Alternatively, if you exercise a formal refusal of delivery at your doorstep to execute the withdrawal, all return carrier freight costs, customs return documentation surcharges, and non-refundable logistics fees will be deducted from your final refund balance pursuant to EU consumer return expense statutes.
Return Shipping Costs: EU consumers bear the direct shipping costs of returning goods under withdrawal. Refunds will be processed within 14 days of our physical receipt and verification of the returned goods.

7.2. Swiss & Non-EU Orders

Under Swiss law (Swiss Code of Obligations) and non-EU consumer rules, there is no statutory right of return, order cancellation, or cooling-off period once an order has been concluded. All Swiss and international non-EU sales are final.

Non-Conforming Editions: If you receive an item that materially differs from the specific catalog edition ordered (e.g., a completely different title or pressing received), you must contact customer service immediately at service@kupiku.com within 48 hours of receipt with clear photographs of the barcode, matrix numbers, and packaging to arrange a resolution.

8. Inspection, Transport Damage & Warranty Limitations (Gewährleistung)

Carrier Damage vs. Defective Merchandise:

We inspect all items prior to packaging. We are not liable for packages or media crushed, bent, dropped, or damaged by postal authorities or courier services during international transit.
For items damaged while in the custody of the carrier, claims must be lodged directly by the Customer with the responsible delivering logistics provider. Customers must retain all outer boxes, packing slips, and damaged packing materials to support carrier compensation claims.

Exclusion of Pre-Owned Media Warranties:

Pursuant to Art. 199 of the Swiss Code of Obligations, any statutory warranty for pre-owned, archival, or used items is excluded to the widest extent permissible by law. Natural aging, sleeve creases, shelf rubbing, or age-typical sound qualities inherent to the medium are expressly accepted upon purchase.

Scope of Remedy for Authenticated Manufacturing Defects:

If an item exhibits a verified manufacturing defect present at the exact time of initial dispatch (excluding transit damage or subjective grading differences), our liability is strictly limited to one of the following remedies, selected at our sole discretion:

Replacement delivery: Provided an identical replacement copy is currently available in our physical inventory at an identical or lower cost; or
Refund: A full or partial refund of the purchase price upon return of the item.

9. Liability Limitations

Exclusion of Liability: To the maximum extent permitted by applicable Swiss law (Art. 100 CO), Kupiku AG excludes all liability for indirect damages, lost profits, collector depreciation, or slight negligence (leichte Fahrlässigkeit). Nothing in these Terms limits liability for intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit), nor mandatory liability under the Swiss Product Liability Act.

Force Majeure & Customs Interference: We accept no liability for transit delays, parcel holds, customs opening/resealing inspections, border seizures, strikes, or administrative import barriers enacted by domestic postal or customs authorities. Customs actions fall exclusively within the regulatory framework of the destination country.

10. Third-Party Intellectual Property

All artist names, band logos, album cover art, release titles, and audio-visual trademarks displayed on the Website are the exclusive intellectual property of their respective copyright holders and music publishers. Their display on our catalog pages serves strictly descriptive, illustrative, and identification purposes in connection with the retail sale of authentic physical merchandise.

11. Data Protection

Customer personal data is processed in accordance with the revised Swiss Federal Act on Data Protection (revDSG) and, where applicable, the EU General Data Protection Regulation (GDPR). Necessary fulfillment data (name, destination address, customs commodity values, and contact numbers) is transmitted to our Japanese logistics hub and contracted shipping carriers solely to execute packaging, customs declarations, and final delivery.

12. Applicable Law & Jurisdiction

Governing Law: These Terms and any sales contracts concluded through the Website are governed exclusively by the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict of law provisions.

Consumer Safeguard: For consumers habitually resident in the European Union, this choice of law does not deprive you of mandatory consumer protection provisions afforded by the laws of your country of residence (pursuant to Art. 6 of Regulation (EC) No 593/2008 / Rome I).

Place of Jurisdiction: The exclusive place of jurisdiction for all legal claims and disputes arising out of or in connection with these Terms or orders placed on the Website is the registered business seat of Kupiku AG in Switzerland, subject to any conflicting mandatory statutory places of jurisdiction for private consumers.