blue eyed devils comics

BLUE EYED DEVILS COMICS - REBORN 2022, FOREVER AWESOME

 

TERMS AND CONDITIONS

 

Please read;

 

As we accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing you are unhappy with.

 

Application

1. These terms and conditions will apply to the purchase of items by you (the Customer or you). We are Blue Eyed Devils Comic Shop. (the Supplier or us or we).

2. These are the terms on which we sell all goods to you. By ordering any of the items, you agree to be bound by the Terms and Conditions. You can only purchase goods from our website if you eligible to enter into a contract and are at least 18 years old.

 

Interpretation

1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

2. Contract means the legally binding agreement between you and us for the supply of the items;

3. Delivery Location means the location of supplier’s premises or other location where the items are to be supplied; as set out in the order;

4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way that is accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

5. Items means the items advertised on the website that we supply to you of the number and description set out in the order;

6. Order means the customer’s order for the items from the supplier as submitted following the step by step process set out on the website;

7. Privacy Policy means the terms which set out how we will deal with the confidential and personal information received from you via the website;

8. Website means our website www.bedcs.co.uk on which the items are advertised.

 

Items

1. The description of items is as set out on the website, emails or other forms of advertising. Any description is for illustrative purposes only and there may be small discrepancies in the size and/or colour of the items supplied.

2. In the case of any items made to your special requirements, it is your responsibility to ensure that any information or specifications you provide are accurate in the first instance.

3. All items are subject to availability.

4. We can make changes to the items which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Personal Information

1. We retain and use all information strictly under the Privat Policy

2. We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

1. The description of the items in our website does not constitute a contractual offer to sell the items. When an order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.

2. The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.

3. A contract will be formed for the sale of items ordered only when you receive an email confirming the order (order confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the contract by means of an email with all information in it (e.g. Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the order/contract, but in any event no later than the delivery of the items supplied under the contract.

4. Any quotation is valid for a maximum of 30 days from its date, unless we expressly withdraw it at an earlier time.

5. No variation of the contract, whether about the description of the item, fees or otherwise, can be made after it has been entered into unless the variation is agreed by both the customer and supplier, in writing.

6. We intend that these terms and conditions apply only to a contract entered into by you as a consumer. If this is not the case, you must tell us, so that we can provide you with a different contract by which the terms are more appropriate for you and which might, in some cases, be better for you (e.g. by giving you rights as a business).

 

Price and Payment

1. The price of items and any additional delivery or other charges is that set out on the website at the date of the order or such other price as we may agree in writing.

2. Prices and charges include VAT at the rate applicable at the time of the order.

3. You must pay by submitting your credit or debit card details or PayPal details with your order and we can take payment immediately.

4. Comic Book Club members must pay for advanced previews orders by date given on monthly invoice or otherwise before delivery of goods if agreed by us.

 

Delivery

1. We will delivery the items to the locations given on the order, by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the contract is entered into.

2. In any case, regardless of events beyond our control, if we do not deliver the items on time, you can (in addition to other remedies) treat the contract at an end if:

   1. We have refused to deliver the items, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the contract as that delivery on time was essential; or

   2. After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

3. If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.

4. If you were entitled to treat the contact at an end, but do not do so, you are not prevented from cancelling the order for items or rejecting items that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the contract for any such cancelled or rejected items. if the items have been delivered, you must return them to us.

5. We do not generally deliver outside of England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. If, however, we accept an order for delivery outside of that area, you may need to pay extra delivery charges, import duties or other taxes as we will ot pay them.

6. You agree we may the goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

7. If you or your nominee fail, through no fault of ours, to take delivery of the items at the delivery location, we may charge the reasonable costs of storing and redelivering them.

8. The items will become your responsibility from the completion of delivery or customer collection. You must, if reasonably practical, examine the items before accepting them.

 

Risk and Title

1. Risk of damage to, or loss of, any items will pass to you when the items are delivered to you.

2. You do not own the items until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the items still owned by you, in which case you must return them or allow us to collect.

 

Withdrawal and Cancellation

1. You can withdraw from the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

2. You can cancel the contract except for any items which are to your special requirements (the return rights) by telling us no later than 14 calendar days from the day the contract was entered into, if you simply wish to change your mind and without giving us a reason, and without any liability, except in that case, you must return to any of our business premises the items in undamaged and unopened condition at your own expense. Then we must without delay refund to you the price for those items which have been paid for in advance, but we can retain any delivery charge. This does not affect your rights when the reason for the cancellation is defective items.

 

Right to Cancel

1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the items. In a contract for the supply of items over time the right to cancel will be 14 days after the first delivery.

3. To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement setting out your decision (e.g. a letter sent via post or email). You can use the attached Model Cancellation Form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the Model Cancellation Form.

4. You can also electronically fill in and submit the form or any other clear statement of the customer’s decision to cancel the contract on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a durable medium (e.g. by email) without delay.

5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of cancellation in the cancellation period

1. Except as set out below, if you cancel this contract, we will reimbursed to you all payments received from you excluding delivery of item has been delivered to you.

 

Deduction for Goods supplied

1. We may make a deduction from the reimbursement for loss in value of any items supplied, if the loss is the result of any unnecessary handling by you (i.e. handling the items beyond what is necessary to establish the nature, characteristics and functioning of the items; e.g. it goes beyond the sort of handling that is reasonably allowed in a bricks and mortar store). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

 

Timing of reimbursement

1. If we have not offered to collect the items, we will make the reimbursement without undue

delay, and not later than:

• 14 days after the day we receive back from you any items supplied, or

• (if earlier) 14 days after the day you provide evidence that you have sent back the items.

1. If we have offered to collect the items or if no items were supplied, we will make the

reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of any reimbursement.

 

Returning Goods

1. If you have received Items in connection with the Contract which you have cancelled, you

must send back the Items or hand them over to us at 44 Marigold Avenue, Gateshead,

NE10 0DP without delay and in any event not later than 14 days from the day on which you

communicate to us your cancellation of this Contract. The deadline is met if you send back the Items before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Items.

1. For the purposes of these Cancellation Rights, these words have the following meanings:

distance contract means a contract concluded between a trader and a consumer under an

organised distance sales or service-provision scheme without the simultaneous physical

presence of the trader and the consumer, with the exclusive use of one or more means of

distance communication up to and including the time at which the contract is concluded;

sales contract means a contract under which a trader transfers or agrees to transfer the

ownership of items to a consumer and the consumer pays or agrees to pay the price, including any contract that has both items and services as its object.

 

Conformity and Guarantee

1. We have a legal duty to supply the Items in conformity with the Contract, and will not have

conformed if it does not meet the following obligation.

1. Upon delivery, the Items will:

• be of satisfactory quality;

• be reasonably fit for any particular purpose for which you buy the Items which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

• conform to their description.

1. It is not a failure to conform if the failure has its origin in your materials.

2. We will immediately, or within a reasonable time, give you the benefit of the free guarantee

given by the manufacturer of the Items. Details of the guarantee, including the name and

address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Items. This guarantee will take effect at the time the Items are delivered, and will not reduce your legal rights.

 

Circumstance beyond the control of either party

1. In the event of any failure by a party because of something beyond its reasonable control:

• the party will advise the other party as soon as reasonably practicable; and

• the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

 

Excluding liability

1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death

or personal injury caused by negligence or breach of the Supplier's other legal obligations.

Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to

both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the

Customer's business, trade, craft or profession which would not be suffered by a Consumer -

because the Supplier believes the Customer is not buying the Items wholly or mainly for its

business, trade, craft or profession.

 

 

Governing law, jurisdiction and complaints

1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or

Northern Ireland.

1. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute

occurs customers should contact us to find a solution. We will aim to respond with an

appropriate solution within 4 working days.

 

Model Cancellation Form

 

To

Blue Eyed Devils Comics

44 Marigold Avenue

Gateshead

NE10 0DP

Email address: hello@bedcs.co.uk

 

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following items

[*] [for the supply of the following service [*], Ordered on [*]/received on

[*]______________________(date received)

 

Name of consumer(s):

Address of consumer(s):

 

Signature of consumer(s) (only if this form is notified on paper)

 

 

Date

 

[*] Delete as appropriate.