Terms & Conditions of Sale
Last Updated: December 29, 2015
By purchasing products from Comic Skin (referred to as, “Comic Skin,” “us,” “we,” and “our”), whether through our website www.Comic Skin.com (the “Website”) or otherwise (e.g., placing an order via telephone, facsimile, mail, or electronic transmission), you, on behalf of yourself and any entity you represent, if applicable (referred to as “you” or “Purchaser”), acknowledge that (1) all of the following terms and conditions (“Sales Terms”) apply to every purchase; (2) these Sales Terms supersede any conflicting terms in any other purchase order, acknowledgement, agreement, or document, unless you and Comic Skin have negotiated a separate master sales agreement that has been signed by both Comic Skin and Purchaser; (3) these Sales Terms form a legally-binding agreement between you and Comic Skin; and (4) if acting on behalf of an entity, you must have, and you represent and warrant that you have, full authority to bind your entity to these Sales Terms. Please read these Sales Terms carefully.
EFFECTIVENESS OF SALE & DELIVERY
Title transfers to Purchaser upon delivery to carrier. Purchaser bears all risk and transportation costs in accordance with INCOTERMS 2010, EXW. Packaging will be designed by Comic Skin with the intent of protecting the product during shipment. Delivery dates are estimated only. In no event will Comic Skin be liable for any damages of any kind, direct or indirect, in the event of delay of delivery.
All Comic Skin products are shipped using standard carriers, most commonly the United States Postal Service is used. Most orders are shipped within 24 hours of being placed, paid for and validated. Comic Skin currently ships to Australia, Canada, The United Kingdom and the USA. All shipping rates can be found by adding your desired product combination to and then visiting your shopping cart. All orders will be followed up with a shipment notification and tracking number. For any help with shipping decisions or package tracking please contact firstname.lastname@example.org
If your order is for standard products shipped from stock at quantities less than LOQ (Large Order Quantity), you can cancel your order at any time prior to shipment without charge. Upon receipt of a purchase order, Comic Skin will proceed to facilitate the manufacture and shipment of that order. In doing so, investment of materials and labor is made in the order. Therefore, if you cancel an order that exceeds the LOQ or is customized to your specifications, cancellation of that order can result in a loss to Comic Skin. Therefore, by placing an order for quantities in excess of LOQ or for custom-made products, you are making a commitment to pay Comic Skin for any investments of labor and materials that are made to fulfill that order (LOQ’s available upon request). If you cancel such an order prior to shipment, with respect to any unfinished goods, Comic Skin will bill for labor and material costs already incurred; with respect to finished goods, we will ship those products and bill for the originally agreed upon purchase price plus shipping. After shipment, cancellation is no longer available; instead, please refer to the returns policy listed below in the Returns section of these Sales Terms.
LIMITED WARRANTY FOR MOST PRODUCTS
Subject to the conditions and restrictions described below, Comic Skin warrants to Purchaser that any product sold by Comic Skin, except for products described in “Products Sold Without Warranty” below, shall be free from material defects in design, materials, or manufacturing for the period shown on the current datasheet for that product or, if the current datasheet does not specify a warranty period, for a warranty period of thirty (30) days, in each case beginning from the delivery date; provided, however, that the warranty shall not extend to ordinary wear and tear.
During the warranty period, Comic Skin may at our sole discretion, repair, replace, or refund the purchase price (less depreciation) of any product deemed by us to have a defect, with no charge to Purchaser for any warranty repair or replacement. Purchaser will pay costs of shipping related to repair and replacement of any defective product. THIS WARRANTY IS PURCHASER’S EXCLUSIVE REMEDY FOR ALL CLAIMS AGAINST COMIC SKIN. This warranty shall remain in full force and effect for the warranty period, provided that all of the the product: (1) was installed, operated, and maintained properly, under normal use conditions, and in accordance with the product instructions; (2) has not been abused or misused; and (3) has not been repaired, altered, or modified outside of Comic Skin’s authorized facilities. This warranty shall become null and void in the event any of the foregoing conditions is not satisfied. This warranty provides specific legal rights that may be varied by local laws.
COMIC SKIN IS PROVIDING THIS WARRANTY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, OR ARISING BY USAGE OR TRADE, OR OTHERWISE, EXCEPT THE LIMITED WARRANTIES SET FORTH HEREIN OR IN THE DOCUMENTATION OR DATA SHEET FOR A PRODUCT. PRODUCTS SOLD WITHOUT WARRANTY ALL PRODUCTS THAT ARE MARKED “AS IS,” “WITH ALL FAULTS,” NO WARRANTY,” OR WITH SIMILAR LANGUAGE ARE SOLD WITH NO REPRESENTATIONS, WARRANTIES, OR INDEMNITIES OF ANY KIND, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, OR ARISING BY TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRODUCTS ARE SOLD WITHOUT ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATIONS OF LIABILITY COMIC SKIN SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR MULTIPLE DAMAGES ARISING IN ANY WAY FROM THE WEBSITE OR THE PRODUCTS, EVEN IF COMIC SKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMIC SKIN’S TOTAL LIABILITY FOR ALL CLAIMS SHALL BE LIMITED TO THE PRICE PAID FOR ITS PRODUCT. THE LIMITATION OF COMIC SKIN’S LIABILITY IS APPLICABLE TO ANY AND ALL CLAIMS OR THEORIES OF RECOVERY ASSERTED BY PURCHASER, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, EXPRESSED OR IMPLIED, STRICT LIABILITY IN TORT OR NEGLIGENCE, OR IN THE EVENT THAT YOU CLAIM, ALLEGE, OR OTHERWISE ASSERT THAT ANY LOSS OR DAMAGE IS ATTRIBUTABLE TO THE NEGLIGENCE OF COMIC SKIN.
Valid returns are accepted with a Returned Authorization (RA) number assigned by Comic Skin. To request an RA, please contact Customer Service at email@example.com. All returns and warranty claims must be delivered to Comic Skin, attention customer service with the assigned RA number visible on the package. Standard products in unopened condition (except evaluation orders) can be returned 30 days from original shipment. Items that have been opened, or held for more than 30 days after the date of shipment, may not be accepted for return. If the product has been modified, damaged, or installed, or is otherwise not in saleable condition, the product is not returnable. Products that have been customized in any way for Purchaser’s specifications (including those having private labeling) and products that are marked “FINAL SALE,” “NOT RETURNABLE,” or with a similar statement may only be returned for for warranty service (if such products have a warranty).
Payment is made in advance of shipment for all orders.
Comic Skin does not provide indemnity.
OWNERSHIP OF INTELLECTUAL PROPERTY
As between Purchaser and Comic Skin, Comic Skin is the sole and exclusive owner of all rights associated with works of authorship, including but not limited to copyrights and moral rights; trademark, trade name, and similar rights; know-how and trade secret rights; patents, designs, algorithms, and other industrial property rights; and all other intellectual and industrial property rights of any kind and nature throughout the world, whether or not registered (collectively, “IP Rights”) in or related to the products, the product specifications, any documentation related to the products, and this Website and its contents. Unless otherwise agreed in a separately negotiated written agreement signed by both Comic Skin and Purchaser, Comic Skin is and shall be the sole and exclusive owner of all IP Rights in or related to any new Comic Skin products or services, improvements or modifications to existing Comic Skin products or services, packaging, designs, know-how, documentation, works of authorship, inventions, or developments that are developed by Comic Skin, whether solely or in collaboration with Purchaser, using feedback or specifications provided by Purchaser or in response to discussions between Comic Skin and Purchaser (collectively, “New Developments”). Purchaser’s contributions to any such New Developments shall be conclusively deemed a “work made for hire” within the meaning of all applicable copyright laws. To the extent any New Developments are not a work made for hire, Purchaser agrees to assign (or cause to be assigned) and hereby assigns to Comic Skin, to the fullest extent permitted by law, all New Developments and IP Rights associated therewith. Upon Comic Skin’s request, Purchaser shall execute all documents necessary to perfect Comic Skin’s or its designee’s right, title and interest in and to the New Developments and associated IP Rights. Purchaser hereby irrevocably designates and appoints Comic Skin and its duly authorized officers and agents as Purchaser’s agent and attorney in fact, to act for and on Purchaser’s behalf to execute and file any applications and to do all other lawfully permitted acts to further the prosecution and issuance of IP Rights or other analogous protection related to the New Developments with the same legal force and effect as if executed by Purchaser if at any time Comic Skin is unable, after reasonable effort, to secure Purchaser’s signature on any such applications or other documents, for any reason whatsoever.
PRODUCT APPLICATION LIMITATION
Comic Skin’s products are not designed for life or safety applications. Comic Skin products are not intended for use in critical applications such as nuclear facilities, human implantable devices, life support or safety. Comic Skin is not liable, in whole or in part, for any claims or damages arising from such uses.
Comic Skin strongly believes in continuous improvement. We reserve the right to change specifications, pricing, and product offerings without notice. Where possible, we will substitute products with equivalent functionality when necessary.
We reserve the right to revise these Sales Terms at any time. We will post any new or revised Sales Terms here, and you should review these Sales Terms before you place a product order. You can determine if these Sales Terms have been revised since your last product order by referring to the effective date or last updated date at the top of these Sales Terms. The Sales Terms in effect at the time of your product order shall apply to such order.
GOVERNING LAW AND DISPUTE RESOLUTION
The prevailing party in any action related to the Comic Skin products or subject matter hereof, including without limitation any action brought to enforce or declare a breach of these Sales Terms or any purchase order, shall be entitled to recover, in addition to any other amounts awarded, its reasonable costs and expenses, including attorneys’ fees (including costs and fees incurred at trial or an appeal), incurred thereby. These Sales Terms and the transactions contemplated hereby shall be governed by Oregon law, excluding its principles of conflict of law. Any dispute arising out of or related to these Sales Terms, the Products, the Website, or the transactions contemplate hereunder shall be brought in the state or federal courts sitting in Multnomah County, Oregon, USA. The parties waive any claim or defense that such forum is not convenient or proper. Each party hereby agrees that any such court shall have personal jurisdiction over it and consents to service of process in any manner authorized by Oregon law.
Comic Skin is not liable for any failure or delay in performance or delivery resulting from acts of God or other circumstances beyond its control (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, unavailability of materials, or interruption or failure of electricity or telephone or Internet service.
These terms, together with any datasheets or other documents incorporated by reference herein, constitute the complete entire agreement between you and Comic Skin with respect to your purchase of products and the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral with respect to such subject matter; provided, however, that if Purchaser and Comic Skin have separately negotiated a master sales agreement that has been duly executed and delivered by both parties, then these Sales Terms will not supersede the terms of such master sales agreement. Except as otherwise provided herein, to the extent of any inconsistency between these Sales Terms and the datasheet for a product or between these Sales Terms and the terms of any purchase order, these Sales Terms shall control.
Whenever possible, each provision of these Sales Terms and any other terms or documents incorporated herein by reference shall be interpreted in such manner as to be effective and valid under applicable law. If any term or provision is held to be invalid or unenforceable in any situation in any jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of such term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, Purchaser and Comic Skin agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.ms of any purchase order, these Sales Terms shall control.
Collection of Information
We collect personally identifiable information, including but not limited to names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our promotions/mailing lists.
The Site 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 customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
Privacy Contact Information
By e-mail: firstname.lastname@example.org
We reserve the right to make changes to this policy. Any changes to this policy will be posted.