Welcome to ComicConnect Corp. & ComicConnect.com (collectively referred to as ComicConnect). Before becoming a member, you must read and accept all the terms, conditions and general principles in this User Agreement, which becomes effective immediately upon acceptance. Please note that both the terms "Seller" and "Buyer" as written in this User Agreement refer to you, and your obligations hereunder.
2. USE OF COMICCONNECT
Without limiting other remedies, ComicConnect may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off ComicConnect if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
While using ComicConnect, you agree you will not:
use ComicConnect if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from ComicConnect;
circumvent or manipulate our fee structure, the billing process, or fees owed to ComicConnect;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm ComicConnect, or the interests or property of ComicConnect users;
post content or items in an inappropriate category or areas on ComicConnect;
violate any laws, third party rights, or our policies;
fail to deliver to ComicConnect items purchased from you;
manipulate the price of any item or interfere with other user's listings;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
use any robot, spider, scraper or other automated means to access ComicConnect for any purpose without our express written permission;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from ComicConnect without the prior expressed written permission of ComicConnect and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of ComicConnect or any activities conducted on ComicConnect
3. BUYING ON COMICCONNECT
BIDDING & BUYING IS FREE: ComicConnect does not impose any Buyer's Premium fees upon the members of ComicConnect.
HOW TO PLACE AN ORDER: By bidding on or buying an item, you create a binding and enforceable legal contract between you and ComicConnect to pay for the items under the terms and conditions of this Agreement. Please note that all prices are in U.S. currency, and do not include shipping, handling or insurance. New York residents will be responsible for sales tax. After winning or purchasing an item, it will appear in the "Won/Purchased" category, from which you must complete your order by providing shipping and payment information.
ComicConnect accepts Visa, Master Card, Discover, checks and money orders. ComicConnect does not accept credit cards for orders or cumulative outstanding balances above $10,000. Please note we cannot accept checks from non-U.S. banks, as ComicConnect incurs additional expense in depositing them. Payment must be received within 7 days. Failure to make payment in the time specified may result in the cancellation of your order, cancellation of your member account, and your orders and bids may not be processed in the future. If your payment method fails, we reserve the right to collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel).
MAKING OFFERS: Members are allowed to place offers on items listed by Sellers. By making an offer, you are creating a binding and enforceable legal contract to purchase the item if the Seller accepts, and will be bound by the terms listed above under HOW TO PLACE AN ORDER. All offers expire after 48 hours. If the seller has not accepted your offer within the allotted time period, the offer becomes null and void. Should the seller reconsider and offer to sell the item for the price of your offer AT A LATER TIME, the decision of whether or not to complete the purchase may be made entirely at your discretion within the allotted time permitting acceptance. If the Seller wishes to counter-offer, that counter-offer expires 48 hours after the time at which the seller extends it.
As a failsafe measure to curtail the wasting of a seller's time by insincere buyers, offers on Fixed Price items that are less than 25% of the seller's asking price will be automatically rejected.
OUR SHIPPING POLICY: ComicConnect does not store Seller items on premises during the period they are listed for sale or auction. Immediately upon your agreement to purchase an item, the Seller is contacted and instructed to ship the item to ComicConnect within 7 days. ComicConnect will then review and process the item(s) you purchased, and ship your order. Your shipping and handling charges will be determined based on the weight, insured value, and shipping destination of your order. If you have any special requests or special delivery instructions, please contact us. We prefer to ship with and recommend FedEx. We've found that FedEx is both faster and more secure than the U.S. Postal Service (USPS). Also, FedEx orders are shipped daily, while USPS orders are shipped on Fridays only. Unless you specifically state otherwise, items will be shipped by FedEx and insured if the shipment is within the U.S. All orders shipped outside of the U.S. will be shipped by FedEx or USPS. Please note that International USPS does not offer tracking. International customers should also note that ONLY FedEx shipments will be insured.
From the time ComicConnect receives your payment, please allow 3 weeks for your items to be shipped. If you have any questions or concerns about this policy, please feel free to e-mail our shipping department at email@example.com, or call us Toll free at 888.779.7377 or our international number at 001.212.895.3999.
RETURN POLICY & SATISFACTION GUARANTEE: We want to make certain you're happy with your merchandise, and will make reasonable efforts to ensure items are as they were described before sending them to you. If the rare occasion arises where you feel you must return an item, you must contact us for return instructions within ten (10) days (by phone or email) of receipt of your item. Upon our receipt and inspection of the returned item, we will issue a refund or credit for your item if returned in the same condition as it was when originally sent to you, excluding shipping & insurance costs. Buyer is responsible for return shipping & insurance costs, which will not be reimbursed for any reason. Returned merchandise must be received by us within seven (7) days of the date from which you contact us regarding the return. This Return Policy and Satisfaction Guarantee is only extended to buyers from whom ComicConnect received payment within the required 7 days specified under "How to Place an Order". Please note that we cannot accept returns on any books, including those with previously undetected restoration, after the specified return period listed here. Additionally, all "in person" sales (conventions, in office, etc.) are final. There are no returns, refunds, credits, exchanges accepted on "in person" sales. There are also no returns on CGC & 3rd Party Grader Sales, as described below.
Please also note, there are no returns on Time Payment orders for any reason. If you would like to view items in which you are interested before making a Time Payment agreement, you may set up an appointment to visit the gallery or request scans. To reiterate, under no circumstances will refunds be given for Time Payment purchases.
CGC & 3RD PARTY GRADER SALES: Please note that although we do accept returns on our regular listings, all sales of comic books noted as graded by the Comic Guarantee Corporation and sealed in the CGC protective plastic casing, or any other sales of comic books graded and sealed by a 3rd Party Grader, are final.
Although the following is very rare, due to the nature of the acrylic CGC holders, minor chipping and cracking of the holder may occasionally occur during shipping. ComicConnect takes great pains to pack comics in a careful and protective manner, and our packaging methods have been painstakingly tested with FedEx to ensure we meet the highest standards of safety and stability. However, as cracking and chipping on CGC holders is quite common, ComicConnect cannot guarantee the condition of the CGC holder. ComicConnect cannot accept returns on CGC books due to holder damage that does not affect the grade, value or condition of the comic itself.
C.CONNECT VERFIED GRADES: Some comics listed on the site for sale or auction are labeled as C.Connect Verified Grade. This means ComicConnect has physically examined the comic, and has either assigned or concurs with the item's grade. It is ComicConnect's professional opinion that the grade as listed is accurate. ComicConnect offers no guarantee that 3rd party grading services such as CGC or PGX will agree with said grade (sometimes items are graded higher, other times, lower). ComicConnect will require disclosure from the seller if the company spots restoration, but please note ComicConnect offers no guarantee for comics later identified as restored. Returns on unslabbed material will only be accepted if ComicConnect is notified within 10 days of the item's receipt.
OUR DAMAGE POLICY: We take extra precautions to pack our orders to prevent damage and breakage. If despite our efforts your order does arrive damaged, please do the following: If your order was delivered by FedEx, please contact ComicConnect for instructions. If your order was shipped by U.S. Mail, take the entire order (all contents and all original packing material) to your local Post Office to file a claim. The U.S. Post Office will send the claim to us for processing. Do not repack and do not mail the damaged items back to us. This will void the U.S. Post Office insurance and we will not be able to give you a refund.
4. SELLING ON COMICCONNECT
HOW TO SELL ON COMICCONNECT: The "Sell Comics" listing feature on our website enables you to quickly and easily upload your comics on ComicConnect to sell at Auction, or at the Fixed Prices you specify. You may also accept and reject offers made by Buyers for your Fixed Price items. There are no fees to list items, and you are only obligated to ship your items to ComicConnect once a Buyer has made an agreement to purchase them. ComicConnect collects a 10% commission on the aggregate final realized price of items that sell, and only after payment is received by ComicConnect from the Buyer. Typically within 30 days of the sale of one of your items, ComicConnect will issue payment for the sale of your comics by mailing you a check. Please note ComicConnect applies a $5 service charge for listings that are valued or sell for $50 or less.
ACCEPTING OFFERS & MAKING COUNTER-OFFERS: Members are allowed to place offers on items you list for sale at Fixed Prices. By accepting an offer, you create a binding and enforceable legal contract to sell the item at that price to the Buyer. All offers expire after 48 hours. If you have not accepted an offer within that time period, the offer becomes null and void. Should you reconsider and agree to sell at the specified price AT A LATER TIME, the decision of whether or not to complete the purchase may be made entirely at the discretion of the Buyer within the allotted time permitting acceptance. If you wish to extend a counter-offer to a Buyer, that counter-offer expires 48 hours after the time at which you made it.
As a failsafe measure to curtail the wasting of a seller's time by insincere buyers, offers on Fixed Price items that are less than 25% of the seller's asking price will be automatically rejected.
SHIPMENT OF ITEMS TO COMICCONNECT: Immediately upon entering a binding agreement to sell your item to a Buyer, you are required to ship your item to ComicConnect within seven (7) days. Make certain the comics are wrapped tightly between several firm layers of flat cardboard, with plenty of extra padding and package materials surrounding it (such as newspaper or bubble-wrap). Secure the wrapped comics in a box where the contents will not jostle, and will not be damaged by dropping, puncture, or accidental indentation during transit. Be sure not to allow any shipping tape to adhere to the comics or comic book bags sandwiched between layers of cardboard. If shipping numerous books packed in a magazine box or long-box, be sure to pack the box tight so the comics cannot move around. When using magazine boxes or long boxes, we recommend placing comic box lids on both the top and the bottom to reinforce the corners and prevent denting and breakage.
PAYMENTS: ComicConnect shall pay to the Seller the sum of the final realized price of all items sold, less a 10% commission retained from the proceeds of the sale. The Sale Price of items paid for by the Buyer with a fee-bearing payment type, such as credit card or Paypal, shall incur a 3% deduction to be applied against the expense of receiving the payment incurred by ComicConnect. Each payment made to the Seller shall be accompanied with a written accounting of the sales activity, specifying which items sold.
* Please note ComicConnect will apply a $5 service charge for listings that are valued or sell for $50 or less.
TIMING OF PAYMENTS: Items are shipped from ComicConnect to Buyers after the Buyer has remitted full payment. A minimum of 10 days must pass after the Buyer receives their purchase before ComicConnect can issue payment to the Seller. ComicConnect will not make such payment if the Buyer gives notice of intention to rescind the sale, or any other bona fide claim relating to the item, within the grace period of ComicConnect's Return Policy and Satisfaction Guarantee (returned items shall be returned to the Seller). All payments to Sellers will be made in US Dollars.
WITHDRAWAL OF ITEMS: Seller may not withdraw items listed at Auction. Seller does retain the right to remove Fixed Price items from the site at any time, so long as no Buyer has agreed to buy them. If Seller accepts an offer, they are obligated to sell the item. If the Seller issues a counter-offer, they may not remove the item from the site unless the potential Buyer does not accept the offer within 48 hours.
ComicConnect reserves the right to withdraw any Seller's item at any time before or after sale if in ComicConnect's sole judgment (i) there is doubt as to its authenticity, (ii) there is doubt as to the accuracy of Consignor's representations and warranties set forth herein, (iii) Consignor has breached any provision of this Agreement or (iv) other just cause exists. If a Seller renegs upon the valid sale of an item they listed to sell, ComicConnect reserves the right to collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel).
RECESSION OF SALE: ComicConnect is authorized to accept the return and rescind the sale of any lot of Property at any time if ComicConnect in our sole judgment determines that the offering for sale of any item has subjected or may subject ComicConnect and/or the Seller to any liability, including liability under warranty of authenticity or title. In such event, ComicConnect is further authorized to refund or credit to the Buyer the purchase price of such returned item. If ComicConnect has already remitted to the Seller any proceeds of the rescinded sale, the Seller forthwith shall pay ComicConnect upon request an amount equal to the remitted proceeds.
NON-PAYMENT BY BUYER: ComicConnect shall have no obligation to enforce payment by the Buyer. However, in the event of non-payment by the Buyer, ComicConnect in our sole discretion, may cancel the sale and return the item to the Seller, enforce payment by the Buyer, or take any other actions permitted by law. ComicConnect shall not, under any circumstances, be liable for any consequential damages to the Seller as a result of non-payment by the Buyer.
LATE PAYMENT BY BUYER: ComicConnect reserves the right to impose upon and retain from the Buyer late charges associated with late payment for purchase.
EXPENSES: If items are sent from or returned to the Seller, Seller agrees to bear all costs of shipping, handling, insurance and risk of loss. Seller thereby agrees to pay all costs relating to: (a) packing and shipping the items to ComicConnect (b) packing and shipping the items from ComicConnect if any Property is returned to Seller; (c) transit insurance; (d) all applicable customs duties and customs user fees; (e) bank fees incurred in making consignment payments should consigner request payment in a form other than a ComicConnect company check. Seller hereby agrees that all shipments of Property to ComicConnect shall require signature upon delivery.
NO REPRESENTATION: Any written or oral appraisal, estimate or other statement of ComicConnect or our representatives with respect to the estimate or value of any items is a statement of opinion only and shall not be relied upon the Seller or any third party as a prediction or guarantee of the actual selling price.
LICENSE OF CONTENT: When you post or upload content, either in pictures or words, you grant ComicConnect Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. (ComicConnect needs these rights to display and host your listings.)
SELLER'S REPRESENTATIONS AND WARRANTIES: Seller represents and warrants to ComicConnect that; (i) Seller has the right and title to sell the item(s) for sale; (ii) each item is, and until the completion of sale by ComicConnect will be, free and clear of all liens, claims and encumbrances of others or restrictions on ComicConnect's right to offer and sell the item; (iii) upon sale, good and marketable title and right to possession will pass to the Buyer free of any such liens, claims, encumbrances or restrictions; (iv) the Seller has no reason to believe that any of the items are not authentic or counterfeit; (v) the items are not "confiscated Property" within the meaning of any United States federal or state laws; (vi) Seller's authorization of ComicConnect to sell the Property is in full compliance with all United States federal and state laws; (vii) the exportation, if any, of the item(s) from any foreign country has been in full conformity with the laws of such country and the importation of the item(s) into the United States has been or will be in full conformity with the laws of the United States; and (viii) there are not, and until the completion of sale by ComicConnect, there will not be, any restrictions on ComicConnect's right to photograph, reproduce photographs of or exhibit the item(s).
Consignor agrees that such representations and warranties are for the benefit of ComicConnect and Buyers of the item(s) and that such representations and warranties shall survive the completion of the transactions contemplated hereby. Seller agrees to notify ComicConnect promptly in writing of any events or circumstances that may cause the foregoing representations and warranties to be inaccurate or breached in any way.
If Seller is acting as an agent for a principal, Seller and principal, jointly and severely, assume all of Seller's obligations set forth in this Agreement.
Seller grants to ComicConnect the right to illustrate and photograph the item(s) and to use such photographs, illustrations or images at any time before or after the sale and for such purposes as ComicConnect deems appropriate. Seller agrees that all catalogue and other photographs, illustrations and descriptions of the item(s) created by or for ComicConnect are not "works made for hire" on behalf of Seller under copyright law, and that ComicConnect shall own the exclusive copyright and all other rights relating to all such photographs, illustrations and descriptions.
INDEMNIFICATION: Seller shall defend, indemnify and hold harmless ComicConnect from and against any and all losses, damages, liabilities and claims, and all fees, costs and expenses of any kind related thereto (including, without limitation, reasonable attorney's fees), arising out of, based upon or resulting from (i) any act by or omission of Seller or Seller's agents (other than ComicConnect) or representations relating to or affect the item(s) or (ii) any inaccuracy or alleged inaccuracy, asserted by ComicConnect or any third party in a court action, of any representation or warranty made by Seller pursuant to this Agreement.
You will not hold ComicConnect responsible for other users' actions or inactions, including things they post. In no event shall ComicConnect be liable for the failure of any lot of Property not to be sold. You will not hold ComicConnect responsible for items purchased that were incorrectly described or pictured. At ComicConnect's sole discretion, we may make reasonable efforts to verify a Seller's grading and description of an item, and/or detect restoration. However, it remains the Buyer's sole responsibility to make returns under the terms and conditions of ComicConnect Return Policy and Satisfaction Guarantee. No returns will be accepted on CGC or 3rd Party Graded items.
ComicConnect cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of ComicConnect's services.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
6. INDEMNITY & RELEASE
You will indemnify and hold ComicConnect (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
If you have a dispute with one or more users, you release ComicConnect (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Members may close their ComicConnect account at any time. The obligations of this agreement shall survive termination.
8. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
ComicConnect may amend this Agreement at any time by posting the amended terms online, or by notice of email. Except as stated otherwise by ComicConnect, all amended terms shall automatically be effective immediately after notice is posted or given. This Agreement sets forth the entire understanding and agreement between ComicConnect and its members.
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to ComicConnect during the registration process, or as updated in your Profile. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
10. RESOLUTION OF DISPUTES
This Agreement shall be governed in accordance with the laws of the State of New York . All disputes under this Agreement shall first be addressed through non-binding mediation in the State of New York through mediators appointed by the Association for Conflict Resolution. If the dispute(s) cannot be resolved through non-binding mediation, they shall be resolved by arbitration before a panel of the American Arbitration Association located in New York City. All parties consent to the jurisdiction of such entity, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. ComicConnect's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the transactions contemplated on ComicConnect. Neither party shall be liable to the other for any special, consequential or incidental damages. This Agreement shall be binding upon Consignor's heirs, distributees, executors, legal representatives, successors and assigns.