Terms and Conditions

 

Introduction
This website is owned by Dark Side Comics LTD.

Dark Side Comics LTD is registered in England and Wales under company number: 08657474.

Users of this website are bound by these Terms and Conditions and should read this document before proceeding. Use of this website and information on this website is subject to the Terms and Conditions set out in this document. By using this website, the Customer is acknowledging their consent to be bound by these Terms and Conditions. Dark Side Comics LTD reserves, under sole discretion, the right to change these Terms and Conditions at any time, without notice. Any changes will be posted within this document. By use of this website, the Customer accepts that they are bound by the Terms and Conditions as they are written in this document.

Interpretation
In these terms of sale, “we” means Dark Side Comics (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

Forming a Contract 
When the customer places an order to purchase a product from this website, this order is a formal offer to purchase the mention product. You will then have the option to create an account with us and login; if you are an existing customer you may enter your login details, once you are logged in, or choose not to create an account, you must select a delivery option and proceed to order. Upon receipt of the customer’s order, we will send the customer a confirmation email illustrating the order placed. The confirmation email that Dark Side Comics sends is neither a guarantee nor an invoice. A contract between the customer and Dark Side Comics will come into existence when Dark Side Comics recieve payment for the purchase of the product.
We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

Pricing & Payment
All prices on this website are in £ Stirling and include V.A.T. (where applicable). Dark Side Comics makes every effort to ensure that all products are correctly priced, but due to the high volume of products listed on this website, errors may occur and Dark Side Comics reserves the right to alter product prices on this website without notice. Other reasons for price alterations may include (but are not limited to) taxation charges or other duty increases. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made [upon the submission of your order].  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by credit or debit card.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim.  If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7] days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); and (iii) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
[Without prejudice to our other rights, if you submit an unjustified credit card, debit card  or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.]
[For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.]

Product Availability
When a release date is listed on this website, that date is subject to information received from the supplier of the goods. Dark Side Comics will not be held responsible if that item is delayed or cancelled, or in the unusual event that the content or cover art has changed. Where a new release is cancelled, Dark Side Comics will cancel the customer’s order and no costs will be charged to the customer’s account. Dark Side Comics may sell a number of limited editions on this website. The availability of these items is strictly on a ‘first come first served’ basis. Dark Side Comics will endeavour to fulfil every customer’s order; however, once the supply of the limited edition item is exhausted and the customer’s order cannot be fulfilled, Dark Side Comics will cancel the Customer’s order and no costs will be charged to the Customer’s account. Dark Side Comic will not be responsible for compensating the Customer for any other losses connected with the purchase of limited edition products.

Your Warranties
You warrant to us that:
(a)          You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b)          The information provided in your order is accurate and complete;
(c)           You will be able to accept delivery of the products;
(d)           You are resident in UK, Ireland or Europe; and
(e)           You are at least 18 years of age.

Delivery Policy
Product prices on this website are exclusive of delivery and shipping charges, with the exception of the Total Price listed in the shopping cart, which is inclusive of these charges, and clearly stated. The delivery and shipping rates for the UK, Europe and Ireland can be found on the Delivery & Returns page. The standard shipping rates are held at a flat rate. Dark Side Comicsreserves the right to change the flat rate at any time without notice.
Dark Side Comics will use reasonable endeavours to deliver products to the customer as soon as possible, in accordance with the Delivery Policy as detailed on the ‘Delivery & Returns’ page. We will arrange for the products to be delivered to the address indicated in your order. We reserve the right not to deliver to an address that we may consider to be unsecure for example to a communal postal address or a PO Box. If this affects your order, we will contact you as soon as possible. For a high priced item, we may reserve the right to deliver to your billing address only. Should this be the case, we will contact you after the order has been placed. Dark Side Comicswill not be liable to the Customer in the event that Dark Side Comics is prevented by circumstance from delivering product that the Customer has ordered.

Risk and ownership
The products will be at your risk from the time of delivery.  Ownership of the products will only pass to you upon the later of:
(a)           Delivery of the products; and
(b)           Receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

Right to cancel
The customer may cancel their order, for any reason and at any time, up to seven working days after you have received your goods. In order to cancel a contract in this way, you must inform Dark Side Comic with a written notice of cancellation. In the event that the customer has unsealed the packaging on a comic, graphic novel or goods, the customer’s right to cancel no longer applies. Should a customer wish to invoke their right to cancel on any item, the product must be promptly returned to Dark Side Comic, in the same condition in which you received them with all seals and wrappings intact. The following terms apply.
If Dark Side Comicshas not yet dispatched the product, we will cancel the customer’s order and no costs will be charged to the customer’s account. If Dark Side Comic has already dispatched the product, the customer undertakes the responsibility to return that product to Dark Side Comics. In this event, Dark Side Comic will refund the cost of the item, but will not refund any postal charges paid by the customer as part of their initial order. The customer must return the item to Dark Side Comic within 28 days of receipt to qualify for a refund.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so.  Similarly, if you return the products at our expense, we may pass that expense on to you.

Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible (providing we have received the goods returned, and they are in a saleable condition) and, in any event; within 30 days of the day we received your valid notice of cancellation.

Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law.  Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
[The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.]
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

Other information
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
 No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.


Copyright Notice
Except where originated directly from the product information provided by a publisher, all content, text and pictures used on this site are © 2013 Dark Side Comics LTD. All rights reserved. This includes text displayed through our terms and conditions, privacy policy ect. Use on other websites without prior written consent is strictly forbidden.