These Terms of Sale will govern all orders, purchases, and sales transactions that you ("you" or "your" refers to the customers of our Site (www.kickstartcomics.com) enter into at our Site ("we," "us," or "our" refers to Kickstart Comics, Inc. and their affiliates). YOU AGREE TO BE BOUND BY THESE TERMS OF SALE WHEN YOU PLACE AN ORDER, PURCHASE ANY GOODS, OR SHOP AT OUR SITE. These terms and conditions of this Terms of Sale are subject to change without notice at any time. The terms and conditions posted on our Site at the time that you place an order or make a purchase will govern that particular order or purchase.
All Kickstartcomics.com Store customer orders are processed via secure electronic transmission methods and computer systems. Orders that we receive by 12:00 pm (Pacific Time) on a business day (i.e., Monday through Friday excluding holidays and weekends) will be processed that same day. Orders submitted after 12:00 pm (Pacific Time) on a business day will be collected for processing by the next business day.
We only accept payments by either a Visa or MasterCard credit card for orders or purchases at our Site. Your credit card payment information is subject to verification and pre-authorization by the issuing bank and us. You will be billed for the total amount of the purchase transaction including shipping, handling, taxes, and any other applicable charges. You are responsible for sales taxes, shipping and freight charges, customs, duties and all other taxes and costs associated with the order.
Orders are not binding upon us until we notify you in writing of our acceptance of such order. We retain title to goods that you purchase at our Site until we have received your payment and thereafter such title will pass to you.
In the event that we are not able to verify and/or pre-authorize your credit card payment information, we will cancel your order and notify you in writing. We reserve the right to cancel any orders or purchases at our sole discretion.
We will use our best efforts to ship your order by the following business day provided that your credit card payment has been pre-approved by the issuing bank. We will only ship out "complete orders” and will not split shipments if any of the ordered items are not available. In the event that we are not able to fulfill your order because of inadequate inventory, we will notify you and advise you of alternative options that are available (e.g., delete unavailable items from your order so we can ship the remaining items on your order, ship to you at a later date when all ordered items are available, etc.).
All domestic shipping will be handled by United States Postal (USPS) via standard delivery and should take 3 to 7 business days to arrive depending on your location.
All international shipping will be handled by United States Postal Services (USPS) via Standard International delivery and may take at least 1 to 4 weeks to arrive depending on your location. Actual shipping times vary for each country and your local customs officials or postal authorities may delay deliveries. Your shipping costs for such service will be in addition to any applicable taxes, customs and import duties (these costs vary by country). Your local customs officials will charge you for any customs, import duties and tariffs that owed on your shipment when they receive that shipment.
RETURNS OF ITEMS:
Returns of items will be accepted within thirty (30) days of purchase. You will be responsible for the cost of shipping and processing such returned item(s).
REFUNDS OF RETURNED ITEMS:
If you return an item and request a refund, you shall be responsible for the cost of shipping the item back to us. We will inspect the item then we will refund the base cost of the item to the customer. Processing fees for such refund will be borne by us.
DISCLAIMER OF WARRANTIES:
WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY GOODS ORDERED OR PURCHASED BY YOU ON OUR SITE.
GOVERNING LAW / JURISDICTION:
THESE TERMS OF SALES AND ANY PURCHASES OR SALES TRANSACTIONS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. YOU AGREE TO CONSENT TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN LOS ANGELES, CALIFORNIA WITH RESPECT TO ANY SUIT, ACTION OR PROCEEDING ARISING UNDER THESE TERMS OF SALE.
RISK OF LOSS OR DAMAGE:
Risk of loss or damage during delivery will be your responsibility.
PRICES, PRODUCTS AND INFORMATION DISCLAIMER:
All prices, offers and products offered at our Site are subject to change without notice. We assume no liability or responsibility for any errors or omissions in the content on our Site. We are not responsible for advertising errors.
LIMITATION OF LIABILITY:
WE WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, OR FOR ANY THIRD PARTY CLAIMS EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT OUR TOTAL LIABILITY RELATED TO THE PURCHASE OF GOODS OR SERVICES HEREUNDER WILL BE LIMITED TO THE TOTAL DOLLAR AMOUNT PAID BY YOU FOR SUCH PURCHASE.
We shall not be liable for any delay in shipping or failure to deliver, which result directly or indirectly from acts of God, civil or military authority, government officials, act of public enemies, war, accidents, fires, explosions, earthquakes, floods, the elements, or any other event beyond our control.
You agree that any disputes or controversies arising hereunder that cannot be resolved between you and us by good faith negotiations shall be submitted for binding arbitration by American Arbitration Association ("AAA") in accordance with AAA's rules in effect at the time the claim is submitted for arbitration. The arbitration proceeding shall be conducted in Los Angeles, California with a neutral arbitrator experienced in the subject matter of the claim. Notwithstanding anything contained herein, we shall have the right to seek equitable relief from a court of appropriate jurisdiction at any time before, during or after the arbitration hearing.
CONFLICT IN TERMS:
In the event of any conflict between the terms and conditions stated on your purchase order, our invoice, your packing slip or other such document and these Terms of Sale, you agree that these terms of this Terms of Sale will control.
CUSTOMER SERVICE / CONTACTING US:
Customer Service representatives will be available to respond to your questions, inquiries and other customer service requests by the following business day. You may contact us regarding your orders or purchases by emailing us at firstname.lastname@example.org