Terms and Conditions
1 Introduction and definitions
1.1 These terms and conditions ("Conditions") shall govern the agreement between Comical Gaming (a 2DFX company) ("us" or "we") and the individual or organisation applying for the provision of the Goods or Services ("you").
1.2 Our registered office and correspondance address is at 29 Dunstall Road, Sharston, Manchester, M22 4PQ.
1.3 You can contact us using the information provided at www.comicalgames.com/contact.php
1.4 We explain in the headings what each clause covers. These headings are for guidance only and are not intended to be legally binding.
1.5 These Conditions take precedence if inconsistent with the material on our Website.
1.6 The following have particular meanings in these Conditions:
"Data" includes information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form;
"Goods" means the goods described on the Website and which we agree to sell to you;
"Internet" means the global data network comprising interconnected networks to which we are connected and provide access to you via the Services;
"Personal Data" means Data about any identified or identifiable living person;
"Regulations" means the Consumer Protection (Distance Selling) Regulations 2000;
"Services" means the services described on the Website and which we agree to provide to you; and
"Website" means our web presence at www.comicalgaming.com
2. Changes to these Conditions
2.1 We reserve the right to alter these Conditions at any time. This includes our Refunds Policy and any other applicable policies.
2.2 Purchase of goods and services will be bound by the Conditions as seen on the website at the date and time of purchase.
3 Cancellations and Refunds
3.1 Cancellations and Refunds are covered in the Refunds Policy.
4.1 You must:
4.1.1 agree to keep your username and password secure (which we may change if we believe an aspect of security relating to your account has been compromised);
4.1.2 take reasonable steps in respect of matters in your control to minimize any risk of security breaches in connection with the website;
4.1.3 notify us of any unauthorised access to your account which you believe may affect the overall security of our systems;
5.1 We will supply the Goods with all possible care and resolve.
5.2 However, we do not guarantee:
5.2.1 that the Goods will be un-damaged on arrival; or
5.2.2 that any Goods will be elligible for refund in the event of damage or loss during transit.
5.2.3 any pictures placed adjacent to product listings, used to describe the goods, accurately represent the product on display. All images are for guidance purposes only.
5.3 We make an assessment of the condition of the Goods on the site and give each a rating out of 10 (10 being highest, 1 being lowest) with a description. These are offered as a guide only and we take no responsibility and are in no way liable should the Customer disagree with our assessment of the condition of the Goods. Refunds will not be offered after the initial 7 day period.
6 Your obligations
6.1 You must comply with our reasonable instructions and requests concerning the receipt of your goods.
6.2 You must provide us with up to date contact details of one or two named representatives with whom we are authorised to deal (including email addresses) and promptly notify us of any changes. We rely on this information for various reasons including the delivery of goods and other important information concerning the website.
6.3 You are responsible for all persons who use your username and password to access the website, whether authorised or not, unless acting on our behalf.
6.4 There is a risk that Data generated, stored, transmitted or used via or in connection with the website may be irretrievably damaged or lost if there is a fault. You must frequently back-up all such Data that you wish to save.
7.1 We may access, copy, preserve, disclose, remove, suspend or delete any Data:
7.1.1 if we are required to do so by applicable law or competent authority; or
7.1.2 if it is otherwise permitted under these Conditions; or
7.1.3 if such Data is prohibited under these Conditions.
8 Personal Data
9 Risk and Title to Goods
9.1 Risk shall pass to you on delivery, but the Goods shall remain our property until such time as full payment has been received.
10 Limitation of liability
10.1 Nothing in these Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect consumers' statutory rights.
10.2 Our liability in contract, tort (including negligence) or otherwise in connection with these Conditions for any one event or a series of events is limited to the price of the Goods.
10.3 In no event (including our own negligence), and even if we have been advised of the possibility of such losses, will we be liable for any:
10.3.1 economic loss (including, without limitation, loss of revenue, profit, contract, business or anticipated savings);
10.3.2 loss of goodwill or reputation;
10.3.3 special, indirect or consequential loss; or
10.3.4 damage to or loss of Data.
10.4 We have no liability for goods and services provided by third parties.
10.5 To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in these Conditions including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose. Consumers' statutory rights are unaffected.
11.1 You will indemnify us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to your registration of or use of your domain names, the use of the Goods, your use of the Services or breach by you of these Conditions.
12.1 You must pay the fees (together with any applicable taxes) specified on our Website when you order Goods.
12.2 Payment for Goods may be made:
12.2.1 by Cheque, Bank Transfer, credit card or debit card; and
12.2.2 in advance or, if we agree to credit terms, within 14 days of our invoice.
12.3 Payment must be made without deduction or set-off.
12.4 All fees are non refundable unless otherwise stated.
13.5 All fees remain payable where we suspend the Services in accordance with these Conditions.
14.1 We both agree not to use for any purpose apart from this agreement or disclose any Confidential Data received from the other party. "Confidential Data" means Data identified as, or which clearly is, confidential.
14.2 This clause does not apply to Data which:
14.2.1 enters the public domain other than through breach of this clause;
14.2.2 is or becomes independently known to the receiving party free from any confidentiality restriction;
14.2.3 is required to be disclosed by applicable law or competent authority;
14.2.4 is reasonably disclosed to employees, suppliers or others for the proper performance of these Conditions;
14.2.5 is reasonably disclosed to professional advisers; or
14.2.6 we are otherwise permitted to disclose in accordance with these Conditions.
15.1 You should send any notices under these Conditions to the correspondence address or email address given at the top of these Conditions.
15.2 We shall send any notices in accordance with the most recent contact information which you have provided to us.
15.3 Notices may be sent by hand, recorded delivery or email and shall be deemed to be received:
15.3.1 by hand - when delivered provided handed to a senior employee;
15.3.2 recorded delivery - five days after posting;
15.3.3 email - on the day sent unless the contrary is proved.
16.1 These Conditions represent the entire agreement of the parties relating to its subject matter. It supercedes all prior agreements and representations (unless fraudulent). We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of any third party you may use to apply for our Services.
16.2 If any part of these Conditions is deemed void for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.
16.3 You may not assign these Conditions or subcontract or resell any of the Goods without our prior written consent. We may assign these Conditions or subcontract any of the Goods.
16.4 We shall not be liable for failure to perform or delay in performing any obligation under these Conditions if the failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to failure of any communications, telecommunications or computer system.
16.5 No firm, person or company which is not a party to these Conditions shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions.
16.6 The failure to exercise or delay in exercising a right or remedy under these Conditions shall not constitute a waiver of the right or remedy.
16.7 Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between us.
17.1 This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.
Comical Games is a company owned by Pedeco Ltd. All content, site design and systems are © Pedeco 2009. All comic covers and graphics are ©Egmont Fleetway Ltd. All other Sonic characters are ©SEGA or their respective copyright holders.