1. TERMS AND CONDITIONS
1.1 These Terms and Conditions govern your (“the Customer”) use of the e-commerce website of Future Indefinite Investments 180 (Pty) Ltd trading as Comic Warehouse (“Comic Warehouse”), located at the domain name www.comicwarehouse.co.za (“the Website”).
1.2 By accessing and using the Website, the Customer agrees to be bound by the Terms and Conditions set out in herein in its entirety. Should the Customer disagree with the terms herein, it shall not use the Website.
1.3 The Customer acknowledges and agrees that:
1.3.1 the Website provides an online platform for Comic Warehouse to sell its Products;
1.3.2 Upon conclusion of a transaction on the Website, a contract of sale and purchase of goods will come into force between the Customer and Comic Warehouse whereby the price of the Product sold will be as listed on the website, including taxes;
1.3.3 Delivery and insurance costs will only be added to the purchase price if the Customer specifically states this during the online transaction.
1.4 These Terms and Conditions shall be binding on the Customer and no change thereto, unless agreed to in writing by Comic Warehouse shall be of valid and/or enforceable.
1.5 Comic Warehouse reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the Customer’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The Customer’s continued use of this Website following the posting of changes or updates will be considered notice of the Customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
2. CUSTOMER WARRANTIES
2.1 The Customer warrants that it is at least 18 years of age. If the Customer is under the age of 18, it may not use this Website. Comic Warehouse shall not in any way, shape or form be held liable for any transaction concluded alternatively any content which a Customer under the age of 18 may be exposed to whilst using the Website.
2.2 The Customer warrants that all information provided upon its use of the Website is accurate and complete and Comic Warehouse shall not be liable for any inaccurate or incomplete information submitted in the transaction process.
2.3 The Customer may be required to submit an email address and password whilst conducting a transaction on the Website. It is the Customer’s responsibility to ensure that the email address and corresponding password is kept confidential and Comic Warehouse shall not be held liable for any transactions or activity taken where the Customer’s email address and password has been utilised to access to transact on the website.
3. WEBSITE USE AND ELECTRONIC COMMUNICATION
3.1 By using this Website or communicating with Comic Warehouse by electronic means, the Customer consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any
legal requirement, including but not limited to the requirement that such communications should be in writing.
3.2 The use of any Product or service bought from this Website is at the Customer’s risk. The Customer indemnifies and holds Comic Warehouse harmless against any loss, injury or damages which may be sustained as a result of using the Products sold on the Website.
3.3 The Customer may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the consent of Comic Warehouse.
3.4 Comic Warehouse reserves the right to restrict access or suspend activity on the Website.
3.5 By using the Website, the Customer agrees it will not in any manner, intentional or otherwise, take any action which may cause damage or harm to the performance, availability, security or integrity of the Website, or conduct any activity which may be illegal or unethical.
3.6 Comic Warehouse cannot be held responsible for security breaches occurring on the Customer’s electronic device (personal computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the Customer may inadvertently have installed on his/her device.
4.1 The amount to be paid for the Products will be shown on the Website upon Checkout, together with all charges such as VAT and any applicable delivery fee. Payment shall be in South Africa Rands, or the equivalent amount thereto.
4.2 The Customer shall pay for the Products by one of the following methods:
4.2.1 Credit Card: Visa and Mastercard are accepted. Comic Warehouse makes use of the 3D-Secure authentication system to verify the cardholder details with the bank, which directs the Customer to a secure link with its bank. The Customer’s card details will only be accessible to the PCI compliance service provider and the Comic Warehouse will have no access to card information.
4.2.2 EFT Bank deposit / Ozow (Direct EFT Gateway): Payment will be made by transfer directly into Comic Warehouse’s bank account through a computer based system. The Customer will be redirected via a secure payment gateway where, after selecting your bank, the EFT details will be displayed and the Customer will have to follow the instructions as to how to conclude the payment.
4.3 In the event of suspected fraud, Comic Warehouse reserves the right to refuse to accept or process any order and to cancel any order as a result thereof.
4.4 Products placed in the cart are not reserved and will only be bought once the checkout procedure has been completed, with successful payment having been made.
4.5 All stock is limited and whist Comic Warehouse will take every precaution to monitor stock levels to ensure that no unavailable stock is still for sale on the Website, in the event that there is no stock available as selected by the Customer, Comic Warehouse will refund the Customer any money already paid toward the purchase of the unavailable product.
5. RETURNS AND REFUNDS
5.1 Most Products supplied by Comic Warehouse are subject to a manufacturer’s warranty. Should a fault arise with any product, the product must be returned to Comic Warehouse. In the unlikely event of an Out of Box Failure, the Product must be returned and will be swapped out (subject to stock availability). Should the faulty Product be replaced by the manufacturer or supplier, the Customer shall then be provided with the replacement, alternatively, all warranty repair work shall be carried out by the respective manufacturers, suppliers and/or their authorized repair centres. Most Products are guaranteed against faulty materials and workmanship. Products are not guaranteed against faults resulting from normal wear and tear.
5.2 All Products must be returned in original condition including packaging, documentation, certificates, manuals, and accessories.
5.3 Comic Warehouse shall only accept returns within 7 (seven) calendar days from receipt of delivery if the incorrect Product or order was delivered to the Customer or the Products are damaged or defective.
5.4 Provided the Product is in its original packaging and in the same condition as when received, items may be returned subject to a 25% handling and administration fee to the value of the original purchase incl. Vat.
5.5 If the Products and packaging are not in excellent condition, they may not be returned.
5.6 Comics, graphic novels and hardcover books are non-refundable.
5.7 All non-product related fees (shipping, transactional and insurance) are not refundable.
5.8 In terms of special offers, should Comic Warehouse supply the wrong Product or if the Product is in any way faulty or damaged, Comic Warehouse will exchange it for the correct one. However, if the Product is no longer being offered at the special rate, it will not be replaced, and Comic Warehouse will refund the Customer’s purchase price including delivery costs.
5.9 Games may NOT be returned if opened or unsealed and non-defective. The Customer may exchange these items for the same item if the original is defective. It is the Customer’s responsibility to confirm that games and software are compatible with its hardware and operating system prior to the purchase as Comic Warehouse cannot accept software and games returns because of system incompatibility. System requirements are generally available on the manufacturer’s website.
5.10 Customers must advise the Comic Warehouse by email from the email address assigned to the order, of their cancellation and any such cancellation must be authorised by the person who made the original purchase.
5.11 The Customer is to use the Product strictly in accordance with the manufacturers instructions as set out on the Product. It is the Customer’s responsibility to ensure that it uses the Product strictly in accordance with those instructions.
5.12 No Product will be replaced nor will a refund be processed if Comic Warehouse establishes the following with regard to the Product:
5.12.1 It has been misused or subjected to neglect, damage, or abnormal conditions;
5.12.2 Its is damaged due to an incorrect attempt to repair the Product;
5.12.3 It has been used contrary to the manufactures instructions; and/or
5.12.4 Subsequent to delivery, it has deteriorated due to normal wear and tear.
6. DELIVERY & COLLECTION OPTIONS
6.1 Comic Warehouse will supply all Products to the delivery company in good order. Comic Warehouse will not be held liable for the condition of Products arriving at the Customer’s chosen delivery address.
6.2 Orders placed via our order line, 011 524 7604, shall be processed the same day if placed during office hours, alternatively they shall be processed the next working day.
6.3 All orders received by 12H00 on Monday to Friday (excluding public holidays) will, such to stock availability, be processed the same day and dispatched the following working day on condition that payment reflects in Comic Warehouse’s bank account.
6.4 Orders placed after 12H00 on Monday to Friday (excluding public holidays) will, subject to stock availability, be dispatched within 24-48hrs provided that it falls on a working day, and that payment reflects in Comic Warehouse’s bank account.
6.5 All orders placed on weekends and/or public holidays will be processed on the next working day.
6.6 All deliveries are conducted door to door via third party courier services.
6.7 For purchases above a certain value to be stipulated on the Website under delivery charges, the delivery fee will be free of charge.
6.8 The estimated delivery lead times are as follows:
6.8.1 Main Centres: 1-4 working days;
6.8.2 Outlying areas: 2-7 working days;
6.9 Certain Products will take longer to be delivered to the Customer. In such circumstances, the delivery times are extended and the estimated delivery time will be communicated to the Customer.
6.10 For special orders for certain Products, including life-size statues and pre-order items, lead times will differ and will be communicated to the Customer at the time of the purchase.
6.11 Orders are only able to be delivered within the borders of South Africa.
6.12 Upon delivery, the Customer is required to sign receipt thereof. The Customer must retain the delivery receipt for future potential query purposes.
6.13 Products are delivered with standard packaging. If you require additional packaging, the cost for such additional packaging shall be for the Customer’s account.
6.14 For added convenience, orders may be collected at Comic Warehouse’s warehouse. The Customer will be notified via SMS/EMAIL/online on the account as to when the order is ready for collection. The warehouse address for collection is located at 147 North Reef Road, Bedfordview, Johannesburg, South Africa.
6.15 All risk in the Product passes to the Customer upon delivery and/or collection of the Product.
7. DATA PRIVACY
7.2 All the information gathered in the online forms on the Website is used to personally identify Customers that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold to any third parties. Information is however made available to certain third parties who are require the Customer information in order to perform functions solely related to the fulfilment of the transaction such as for the processing of payment and delivery. The third parties are only permitted to process the Customer’s personal information for the specific process given to them based on Comic Warehouse’s instructions, and they are bound by all Comic Warehouse’s privacy policies as well as all applicable laws.
7.3 The Website may collect certain information about the Customer’s visits, such as the name of the internet service provider and the Internet Protocol (IP) address through which the Customer accesses the Internet, the date and time the Customer accesses the site, the pages that the Customer accesses while at the Website and the Internet address of the Website from which the Customer linked directly to Comic Warehouse’s site. This information is used exclusively to help improve the Website, analyze trends, and administer the Website.
7.4 Comic Warehouse may need to change the data policy from time to time in order to address new issues and reflect changes on its Website. Comic Warehouse will post those changes, ensuring Customers are always aware, regarding, what information it gathers, how it might use that information, and whether it will disclose that information to any parties.
7.5 The Customer may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the Customer computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc.. Comic Warehouse uses this information to determine use of the Website, and to improve Content thereon. Comic Warehouse assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
7.6 The private information required for executing the orders placed through the e-commerce facility, namely the Customer’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Comic Warehouse and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the Product. Credit card details are not kept by Comic Warehouse under any circumstances.
7.7 The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if the Customer previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties marketing services from time to time. By using the Website, the Customer agrees to Comic Warehouse placing these sorts of cookies on its device and accessing them when the Customer visits the Website in the future.
8.1 At the time of purchasing, the transaction details are presented to the bank for a payment request. Products are only dispatched to the Customer on receipt of funds in the merchant’s bank account from the acquiring bank.
8.2 In order to protect the Comic Warehouses own interests, as well as those of its Customers, the Comic Warehouse will scrutinise all ransactions very carefully to prevent attempted fraud. Transactions may be refunded to the credit card concerned, or held, if Comic Warehouse is not satisfied with its legitimacy.
8.3 Comic Warehouse monitors all the I.P. Addresses of Customers visiting the Website. Any fraudulent activity will fully be reported to the proper authorities and prosecuted to the full extent of the law. Comic Warehouse also conducts a consumer check on every Customer purchasing with a credit card (ID number must be entered when paying by credit card).
8.4 International credit cards will only be accepted at the sole discretion of Comic Warehouse. Comic Warehouse further reserves the right to delay any form of refund whilst in the process of verification and card holder authentication.
8.5 Comic Warehouse does not store credit card details. For added peace of mind, the checkout process is fully secured and encrypted as to ensure the Customer’s card details are never compromised when shopping with Comic
9. THIRD PARTY LINKS
In an attempt to provide increased value to the Customer, Comic Warehouse may provide links to other websites or resources. The Customer acknowledges and agree that Comic Warehouse is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, Products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
10. LIMITATION OF LIAIBILITY
10.1 The Website and all content on the Website, including any current or future offer of Products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Comic Warehouse make no warranty or representation as to the availability, accuracy or completeness of the content.
10.2 Neither Comic Warehouse nor any holding company, affiliate or subsidiary of Comic Warehouse, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if Comic Warehouse is expressly advised thereof.
10.3 Notwithstanding anything else in these Terms and Conditions, Comic Warehouse’s total liability to the Customer in contract, delict (including negligence or breach of statutory duty) or otherwise arising in connection with these Terms and Conditions, shall be limited to the total amount paid by the Customer in respect of the relevant transaction.
10.4 Nothing in these Terms and Conditions will limited any liabilities in any way that is not permitted under applicable law.
10.5 Comic Warehouse will not be liable for any loss or damage of any nature in respect of losses caused due to any interruption or dysfunction of the Website, any loss or corruption of any data, database or software, nor shall Comic Warehouse be liable for any loss or damages caused on a third party websites which the Customer may have accessed due to any hyperlink from the Website.
10.6 It is the Customer’s sole responsibility to satisfy itself prior to accepting these Terms and Conditions that the service available from and through this Website will meet its individual requirements and be compatible with its hardware and/or software. Comic Warehouse shall not be responsible for any incompatibility issues whatsoever.
11.1 In the event that the Customer breaches these Terms and Conditions, or if there is a reasonable suspicion that the Customer has breached these terms and conditions, Comic Warehouse shall be entitled to take one or more of the following actions:
11.1.1 temporarily suspend access to the Website;
11.1.2 block computers using the Customer’s IP address from the Website;
11.1.3 suspend or delete the Customer’s account on the Website;
11.1.4 Take legal action in respect of either breach of contract alternatively; and/or
11.1.5 Claim damages.
12. COPYRIGHT AND TRADEMARK
12.1 Comic Warehouse owns and controls all copyright, trademarks and intellectual property rights in the Website and the content of the Website.
12.2 All logos, content and material belongs to Comic Warehouse and Comic Warehouse gives no permission for the use of any materials found on the
13. FORCE MAJEAURE
13.1 Comic Warehouse shall not be liable to the Customer for any delay or failure in performance of any part of these Terms to the extent such delay or failure is attributable to a force majeure event. A force majeure event shall mean any cause beyond a either Party’s reasonable control affecting the performance of its obligations, including, but not limited to, fire, flood, explosion, accident, war, acts of terrorism, strike, embargo, governmental requirement, epidemic, pandemic, civil or military authority, Act of God, changes to laws or regulations, inability to secure materials or services, industrial disputes and acts or omissions of other providers of utility or telecommunications services (including internet service), including acts and omissions resulting in the unavailability of the services they provide.
13.2 In such an event as envisaged in this clause, and where such event lasts for a period of at least 5 business days, either party may terminate the transaction without any liability as result of such termination.
14.1 Comic Warehouse shall be entitled to cede any of its rights and/or delegate any of its obligations under these Terms and Conditions to any one or more persons. The Customer shall not be entitled to cede any of its rights and/or delegate any of its obligations under this agreement to any one or more persons, without the prior written consent of Comic Warehouse.
14.2 These Terms and Conditions constitute the sole record of the agreement between the parties in regard to the subject matter hereof.
14.3 Neither party shall be bound by any express or implied term, undertaking, representation, warranty, promise or the like not recorded herein.
14.4 No alteration, variation or cancellation by agreement of, addition or amendment to, or deletion from these Terms and Conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties.
14.5 No indulgence, extension of time, relaxation or latitude which Comic Warehouse may show, grant or allow to the Customer shall constitute a waiver by Comic Warehouse of any of its rights and Comic Warehouse shall not thereby be prejudiced or estopped from exercising any of its rights against the Customer which may have then already arisen or which may thereafter arise.
14.6 These Terms and Conditions shall be exclusively governed by and be interpreted according to the laws of the Republic of South Africa.
14.7 These Terms and Conditions are subject to the Electronic Communications Act No, 25 of 2002 in respect of all transactions and payments conducted on this Website.
14.8 These Terms and Conditions are subject to the Consumer Protection Act No 68 OF 2000 in respect of all Products purchased on this Website.
14.9 If the Customer accesses this Website from locations outside of South Africa, that Customer is responsible for compliance with all local laws.
14.10 If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Comic Warehouse and the Customer with regard to the use of the content and this Website.