Terms of Sale

THIS ALL NEW COMICS TERMS OF SALE (“TERMS”) SETS FORTH THE TERMS AND CONDITIONS REGARDING YOUR PURCHASE OF PRODUCTS AND SERVICES PROVIDED BY ALL NEW COMICS INC.

BY PURCHASING ANY ITEMS OFF THE ALL NEW COMICS WEBSITE (http://allnewcomics.com), OR THROUGH THE MANAGE COMICS SUBSCRIPTION SERVICE (http://managecomics.com/all-new-comics), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Products and Payment Terms.
In exchange for your payment of the fees set forth on the All New Comics order webpage (the “Order Webpage”), All New Comics will sell to you the products on the Order Webpage (the products and/or service you elect to purchase shall be referred to as the “Products”). The Products shall be provided at the fee set forth on the Order Webpage (the “Products Fee”). The Products Fee (and all applicable sales, use or value-added taxes) shall be paid by you by credit card, debit card or PayPal. You shall provide All New Comics with that credit card, debit card or PayPal account information required by All New Comics to accept payment of the Products Fee. You hereby authorize All New Comics to use such information to debit, credit or authorize, as applicable, your credit card, debit card or PayPal account for payment of the Products Fee. In addition to any other rights granted to All New Comics herein, All New Comics reserves the right to suspend or terminate these Terms and your purchase of the Products if All New Comics is unable to use your credit card, debit card or PayPal account information for payment of the Products Fee. Except to the extent that All New Comics terminates these Terms for convenience, as permitted in Section 3 below, if these Terms are terminated, All New Comics will have no obligation to refund or issue a credit of the Products Fee (on a pro-rata basis or otherwise) to you related to the remaining portion of the Products term.

2. Changes to These Terms.
You agree that we may amend the terms and conditions of these Terms at any time by posting a revised version of the Terms on the All New Comics Site. Any revised terms will become effective after we post them to the All New Comics Site or, if we provide you a click-through or other means of accepting the revised terms, upon your acceptance. By continuing to purchase or use the Products after the revised terms become effective, you agree to be bound to the revised terms.

3. Term and Termination.
These Terms are effective upon signing up with All New Comics and will continue unless terminated at an earlier date by All New Comics in accordance with this section. All New Comics may terminate these Terms, if you fail to cure a breach of these Terms within thirty (30) days of the date of All New Comics’s notice of such breach. In addition, All New Comics may terminate this agreement upon sixty (60) days written notice to you for any reason. The following sections of the Terms shall survive termination of these Terms: 1, 3, 5 and 7.

4. Warranties.
CC represents and warrants that it has the legal right to enter into these Terms and to perform the Products. You represent and warrant that you have the legal right to enter into these Terms and that your use of the Products do not violate the terms of these Terms or the Website Terms. If Products you have purchased are defective or if we have shipped you the wrong Products, email us through our contact form so we can determine the next steps. Upon receipt of such Products, All New Comics may (at their own discretion) send you replacement Products or the correct Products, as applicable, or, if that’s not possible, issue you a credit to be applied to your future purchase of Products. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4, ALL NEW COMICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

5. Indemnification.
You agree that you will indemnify and defend All New Comics from and against any and all liabilities, damages, losses, expenses, demands, claims, suits or judgments, including reasonable attorneys’ fees, costs and expenses arising from your breach of these Terms or violation of any law, rule or regulation through your use of the Products.

6. Limitation of Liability.
ALL NEW COMICS SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR PURCHASE OR USE OF THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL NEW COMICS’ LIABILITY TO YOU FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ALL NEW COMICS FOR THE PRODUCTS YOU PURCHASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. Miscellaneous.
You may not assign or otherwise transfer, including by operation of law, any of your rights or obligations under these Terms without All New Comics’ prior written consent. These Terms will be governed by and interpreted under the laws of the Province of Ontario, without reference to any choice of laws principles. These Terms shall be drafted and construed in English.  Any dispute arising out of or in connection with these Terms will be resolved in the federal or provincial courts located in Toronto, Ontario, Canada. All notices under these Terms will be in writing and will be effective only if delivered, if to All New Comics, through our contact form, and if to you, to the e-mail address that you provided when registering for the Products. No waiver of any provision of these Terms will be binding unless it is in writing. If any provision or part of any provision contained in these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions or portions thereof, will not be in any way affected or impaired thereby. These Terms, including each completed Order Webpage accepted by All New Comics, all of which shall be incorporated by reference, constitutes the sole and entire agreement between the parties regarding the Products. Solely as it relates to the Products, in the event of a conflict between the terms of these Terms, the Website Terms and the Privacy Policy, the terms of these Terms shall prevail. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between All New Comics and any user.

ALL NEW COMICS RETURN AND REFUND POLICY
This policy explains our return practices, defines your return options and describes how your return is filed. This policy covers the website at http://allnewcomics.com (the “All New Comics Website”). The All New Comics Website is owned and operated by ALL NEW COMICS INC, a federally incorporated entity under the laws of Canada. Should you have shipping questions or concerns, send an email through our contact form.

1. Return Contact Info
If you have any issues about any items that are damaged, defective or missing, email us through our contact form. so we can help you quickly.

2. Comic books and graphic novels
Due to the collectibility and nature of comic books, we cannot accept returns of comics. There are exceptions to this rule: If an order was mis-placed or you believe it is defective, please contact us at http://allnewcomics.com/contact and we’ll do our best to get it sorted it out with you. In the event the item was damaged during shipping, see below.

3. Canada Post Return Claim Info
Every shipped item is insured, so in the rare event that an item is damaged during transit, you will have to file a claim through Canada Post to receive your return. It happens very rarely, but we have had a few incidents in our 10+ years of business. Unfortunately the quality of the delivery is out of our hands once your package leaves our offices.   We will need to file a dispute with Canada Post, we will also try to replace any items that were damaged.  Please Contact Us so that we can initiate a claim with Canada Post.

Canada Post – What happens if my package is damaged?

By using visiting the All New Comics Website, you agree to the collection and use of information in the manner described in this policy. All New Comics shall have right at any time and without prior notice, at its sole discretion, to revise this policy. If we make material changes to this policy, we will notify you at this All New Comics Website, by email, by means of a notice the next time you log in to the All New Comics Website, or by means of a notice on the All New Comics Website homepage. Such revisions and additions shall be effective immediately. You are responsible for reviewing the All New Comics Website periodically for any modification to this policy. Any access or use of the All New Comics Website by you after notice of modifications to this policy shall constitute and be deemed to be your agreement to such modifications.

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