PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING ON THE “LOGIN” BUTTON. BY YOUR ACCESS, USE AND/OR LOGIN TO THE PARADISE COMICS WEBSITE (“Website”) YOU INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS. PARADISE COMICS IS WILLING TO ALLOW YOU TO VISIT ITS WEBSITE AND CONDUCT BUSINESS ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PARADISE COMICS IS UNWILLING TO GRANT YOU ACCESS TO THE WEBSITE OR CONDUCT BUSINESS WITH YOU, IN WHICH CASE YOU MUST NOT CLICK ON THE “LOGIN” BUTTON AND MUST NOT LOGIN TO THE WEBSITE OR CONDUCT BUSINESS WITH PARADISE COMICS.
1. Purposes: Any person accessing or using the Website and any person participating in or registering to sell Goods via the Website (“User” or “you”) agrees to be bound by and accepts these Terms and Conditions, as may be amended from time to time. User appoints Paradise Comics as agent for the Goods consigned under this agreement, for the purposes of sale. Paradise Comics shall not permit the designs/merchandise to be used for any other purposes without the written consent of the User. Paradise Comics reserves the right to reject any and all designs/merchandise even if the User has previously consigned with us.
2. Consignment: User hereby consigns to Paradise Comics, and Paradise Comics accepts on consignment, those works listed on the attached inventory sheet (“Goods”). Additional Goods may be incorporated into this agreement if both parties agree in writing. Unless otherwise under contract directly with Paradise Comics, listing the Goods on a consignment basis is free of charge for Goods with a retail price of $50 USD, $70 CDN or greater. All Goods consigned in accordance here with must be third-party graded and encapsulated comics certified by CGC, CBCS or PGX, and such certification must be provided to Paradise Comics.
3. Duration of the Consignment: User may request return of the Goods if in the possession of Paradise Comics, or otherwise terminate the consignment at any time, and Paradise Comics shall be entitled to terminate the consignment at any time for convenience.
4. Transportation: Within 7 days of notice form Paradise Comics to User, User must delivery possession of the Goods to Paradise Comics to provide to the customer. User shall have no contact with the customer. Late delivery by User shall give rise to deductions form payments owing to User in order to provide the customer with timely possession of the Goods. All costs and expenses related to the delivery of Goods to Paradise Comics (“Delivery Cost”) including packing, shipping, insurance, handling, and other risk of loss or damage coverage, shall be the responsibility of User.
5. Responsibility for Loss, Damage, Insurance Coverage: Paradise Comics will be responsible for the safe keeping of all Goods while in the possession of Paradise Comics.
6. Taxes: Paradise Comics agrees to collect and pay applicable sales taxes in connection with any sale of Goods and in connection with remitting money to the User.
7. Pricing; Commission; Terms of Payment: Paradise Comics shall use good faith commercial efforts to sell Goods for not less than retail price specified by User in good faith consultation with Paradise Comics. Retail price for Goods must be agreed upon by both the User and Paradise Comics. Paradise Comics and the User agree that Paradise Comics’ commission is to be ten percent (10%) for all Goods sold, regardless of the retail price of the Goods. Payment to User for all sold Goods will be sent to User on the 1st or 15th of the calendar month following Paradise Comics’ receipt of payment from the customer for the Goods.
8. Promotion: User shall take good photos of the Goods to be used by Paradise Comics in ths marketing of the Goods. User understands that while Paradise Comics agrees to use its best efforts to obtain a sale of the consigned merchandise, there is no guaranty a sale will occur.
9. Limitations on Liability. Paradise Comics is providing to you a service only. Paradise Comics is not your agent or representative. Paradise Comics makes no representations or warranties of any kind, express or implied, concerning its services, other than it will perform such services in an honest and competent manner in accordance with these terms and conditions in all material respects. In no event shall Paradise Comics be responsible or liable to you for any loss of or damage to any item while in transit either to Paradise Comics (from you or the buyer) or to you or the buyer, it being understood that in any such event your sole recourse shall be to pursue your rights and remedies against the carrier or shipper. In no event shall Paradise Comics be responsible to you for consequential, incidental, special or indirect damages of any kind, including loss of profits, loss of business opportunity or the like, whether incurred by you or third parties, and even if Paradise Comics has been advised of the possibility of such damages. In no event shall Paradise Comics’ total liability to you for actual damages incurred by you with respect to any transaction exceed the sum of the amount you would be owed if Paradise Comics sold the Goods for the retail price, and you agree that liability of Paradise Comics will exist and arise only if Paradise Comics breaches its contractual obligations to you as a result of acts or omissions constituting gross negligence or willful misconduct on the part of Paradise Comics. Any claim asserted by you regarding the sold property shall be brought within one year of the claim accruing.
10. Miscellaneous. The business and contractual relationship between you and Paradise Comics shall be governed by the law of the Province of Ontario and the laws of Canada applicable therein, the place where the agreement is deemed to have been consummated, and venue for any dispute relating to that relationship shall be proper only in Toronto, Ontario. Paradise Comics is not liable for failure to perform its obligations if such failure is as a result of Acts of God (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 or interruption or failure of electricity or telephone service, or any other cause beyond Paradise Comics ‘control. The failure by Paradise Comics to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms and Conditions constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms and Conditions is held unenforceable, then such provision will be modified to reflect the parties’ intention to the maximum extent enforceable and all remaining provisions of this Contract shall remain in full force and effect.
