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News and Blog
Phone: 204-489-0580
Captain America

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Terms of Sale

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE COMPLETING YOUR ORDER.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do complete your order.

Availability and Pricing

Unless otherwise stated, all products are NM-M. For newer products meaning anything from approximately 1975 and onwards, this means pretty much "as new" condition, or that which one would reasonably expect to find if one were purchasing the item from a newsstand or other outlet. We grade toughly and always send books in the highest possible condition. Pricing reflects condition and the market, and some prices may be subjective. High-grade older or obscure books usually sell for multiples of guide. Pricing may reflect this. We attempt to stock all books in depth but availability may depend on overall demand as well as daily inventory changes. Please list alternates in the "Special Instructions" during checkout. List as many as you can. Include items you can't find through the search. We aren't even close to listing everything we have yet. If we can't complete the order we'll advise you of what's missing or what has been substituted or added from your alternate choices. Since we only charge your credit card upon shipping, you only pay for exactly what is shipped. In the Pre-order section, everything you're ordering is an advance order. If you're already a Comic Service member the order is entered to your account. If not, we open an account for you automatically once we receive the proper credit card information from you with which to run the account. Orders which attempt to use the "payment will be deducted from my Comic Service account" payment option when there is no account will have their orders cancelled.

A word about pricing updates: The plain truth is that we're constantly trying to keep up with market changes and we're unable to do it because things often change too fast. This can affect new products where a manufacturer or publisher informs us of a price change subsequently to our listing the item for pre-orders and receiving some, or it can be the result of a systems error (unlikely, but we found one during the test period for the site, so glitches can happen with even the most infallible system.....which incidentally we think we have one of). Therefore, we sometimes have to adjust pricing on some items. This can mean both increase adjustments as well as reduction adjustments. The problem usually does not affect 99.9% of the orders we receive, but there is on rare occasion the odd thing that sticks out like a sore thumb.

There is another special circumstance where pricing and limit updates are involved, namely the circumstance of "abandoned carts". An abandoned cart is one where someone was making an order but for whatever reason decided not to complete it. The cart remains for up to a week and can be picked up so the order can be completed. If a price change has taken effect between the time a cart was abandoned and the time it was picked up again, we will require that the current pricing after adjustments apply to the order. This means you'll be getting an e-mail notification if that situation applies to you. Such instances usually affect items that are more "speculative" in nature. We also reserve the right to retroactively impose order limits for such speculative items.

Pricing updates are never done as a frivolous matter, but rather to adjust for any changes which we may not have been able to accomplish in a timely fashion so that pricing reflects either the fair market value of current items, or price changes for product(s) made by the manufacturer or publisher over which we have no control. For older back issues only this is especially apparent when a new Price Guide is issued, or when there is suddenly a market spike on a specific item for whatever reason. With over 250,000 items on line, we're not always able to make day by day (or even hour by hour!) adjustments. We want you to order with confidence, but we had to mention this contingency in the instance of needing to use it. In keeping with our full disclosure policy, IN ALL CASES WE WILL NOT MAKE ANY PRICING ADJUSTMENTS UNTIL WE NOTIFY YOU IN ADVANCE to determine if you still want the item or items prior to processing the order, and your invoice and charges will reflect ONLY those adjustments that you have approved.

Ordering and Payment

The store has a search dialogue. It's self-explanatory and intuitive as is the shopping process. (If you need more info on how to search, please see the "Search Tips" or the FAQ page.) If you select an item that is visible but indicates that it is not currently available, this means that the item was available, is temporarily out of stock, and will likely be available again shortly when restock arrives. There is no minimum order for this site. We currently have one shipping method available which is fast and which can be tracked from start to finish. In the case of products such as action figures, statues, and other collectibles which may be of an unusual size or weight, we reserve the right to adjust the shipping charges to the actual cost involved. Only exact shipping and handling is charged in such situations and we will notify you of any such adjustments and how they are handled in regards to payment. The correct sales tax if applicable, is automatically calculated for your area, and is automatically added to the order total. During checkout you're currently given several choices for payment. If you choose any method other than credit card (but not including using your Comic Service account if you have one), you're back to the old pre-web days of sending cheque or money order and the order won't get processed until your payment arrives. In the case of cheques, please note that the order will not ship unless and until the cheque has cleared, which may take up to an extra two to three weeks from time of arrival. See the Contacts page for where to send such payments. If your payment doesn't arrive within 10 business days, we will notify you. If it still doesn't arrive, we will cancel the order. If you pay by credit card, it's all absolutely secure and confidential, and the site is totally PCI compliant.

Payment is blocked, but your credit card is not actually charged until your order ships.

We ship your order out as quickly as possible, and when it ships we notify you and include any adjustments that you have approved (see above), or changes to the order so you know what's been charged and paid for. Allow three weeks for delivery even though we use expedited shipping. You will be able to track your shipment with the tracking number we supply to you. It usually only takes a matter of days to a week, but we suggest the three week allowance just in case, and especially if you are overseas. For Pre-Orders, items ship as they become available. See the Comic Service info for the shipping schedule. The above payment conditions are modified somewhat for Sideshow Collectibles products bought on a Pre-Order basis.

Please note carefully how we deal with dishonored payments:

In the unlikely case that a credit card payment amount for an order which has been processed and captured is charged back for any reason whatsoever, including but not limited to errors in card processing by the card issuer or instructing a card issuer to make a chargeback for any reason after the order is shipped and payment has been processed and captured, you agree to immediately reimburse us for any such payment amount, as well as a chargeback fee added to the payment amount, and any other costs associated with the collection of the dishonored amount. The current chargeback fee is the greater of $35.00 or 1% of the amount of the chargeback per instance. We reserve the right to adjust this chargeback fee from time to time and as may be necessary to cover our costs of such a chargeback. You agree that any reimbursement will be by a recharge of the original credit card used for the original payment and you give us express permission to process such a recharge without further notice. In the rare case of a dishonored cheque, the above charges apply as well as all costs incurred for any collection activity, and you give us express permission to pursue all avenues for collection at your expense. 

Terms for Sideshow Collectibles Pre-Orders and General Pre-Orders amended as follows:

For Sideshow Collectibles products bought on a Pre-Order basis and other General Pre-Orders of the entire range of products being offered, there are several differences in terms. One is that these Pre-Orders may or may not be processed for payment immediately, depending on (but not limited to) what item or items are ordered, their availability, if pre-orders are combined with other items on a single order, or other factors, and you explicitly agree to this when you place such a Pre-Order. The reason for this is because of the nature and cost of the products so we can be as sure as is reasonably possible of firm orders. A second is that the shipping costs shown on the order confirmations are only estimates and are subject to change, since all of these items may or may not be of unusual sizes and/or weights and the shipping costs will be affected accordingly. Only exact shipping and handling is charged, and if the order is processed for payment immediately, then any adjustment will show up as a separate charge when the products actually arrive and are shipped, along with a notification of the amount of the adjustment if there is one. In cases where such an order is not processed for payment immediately, any shipping adjustments will be shown on the final total when the order is finally processed for payment, and again by ordering item(s) that are subject to this adjustment, you expressly agree to the adjustment as processed. Lastly, you agree to hold us harmless in the unlikely case of a sell-out on any Sideshow product or products prior to our notification from Sideshow and subsequent to any orders received, since we have little control over that situation. The same applies to other pre-order items. We will guarantee that if such a situation occurs and we have processed the payment for the item, we will immediately refund any such payment in full. We cannot assume responsibility for such a situation since Sideshow Pre-Orders or other pre-order items are offered in essentially a competition situation with other retailers and/or individual consumers, and we may be placed into a situation where orders are allotted if demand exceeds supply.

In cases where a pre-order is several months old, we may  at our discretion advise you that the item or items are available, but that your order will have to be re-placed in order for payment to go through and the order to ship. This was introduced to avoid certain unforsenn circumstances that might adversely affect our ability to actually capture a payment.

 

Orders Outside the U.S. and Canada

We accept orders almost anywhere in the world and are proud of it. However, if you are located outside the United States or Canada, at our sole discretion we may ask you to do something extra before your order is processed: If you pay by credit card, we may REQUIRE you to either fax a copy of the front and back of the card clearly showing the signature strip together with your signature to (204) 489-0589, or to send a scan of the front and back of the card clearly showing the signature strip together with your signature to comics_america@mts.net before the order will ship. The reason for this is frankly because we once got caught on someone overseas using a fraudulent card. It was both embarrassing and financially painful, and we are guarding against it happening again. You should be aware that our store automatically flags orders which may be of an "unusual" nature and this process is designed to eliminate as many of these potential situations as possible.

Service Standards, Shipping, Returns, and Problems

Service standards and shipping options are explained in more detail, along with other returns details on the Shipping and Returns page elsewhere on the site. The information contained on that page forms a part of these overall terms of service.

If you're dissatisfied with your order or any portion, please call (204) 489-0580 to discuss the situation and request a return authorization. This must be done prior to returning anything. Returns made without one will not be processed and we will not be held responsible for such returns. Return shipping is your responsibility, and any compensation for an order or part of an order is limited to the value of the product or products involved excluding any previous shipping and handling charges. You will receive replacement of the item, other items of equal value if you have alternate choices, or credit towards a future order or orders. We do not issue refunds.

In the case of an order returned by the delivery agent (either the USPS or Canada Post) for any reason, including but not limited to an incorrect address or an incomplete address or failure of the recipient (you or your designated addressee) to claim the order, then you agree to indemnify us for any or all return shipping charges. These include charges to return the item to us, as well as charges to re-ship the item. If reshipment is not desired, we will credit you towards a future order or orders for an amount equal to the value of the product or products involved excluding any previous shipping and handling charges and less the amount of any return shipping charges. We do not issue refunds in such situations.

Privacy Policies

What information do we collect?
    •    We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
    •    When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
    •    We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
    •    Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
    •    To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
    •    To allow us to better service you in responding to your customer service requests.
    •    To quickly process your transactions.
    •    To administer a contest, promotion, survey or other site feature.
    •    If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.


Do we use "cookies"?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.


Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include Comics America. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


How can you opt-out, remove or modify information you have provided to us?
To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.


Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).


Changes to our policy
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on June 18, 2011.


Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.


Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.

Your consent
By using our site, you consent to our privacy policy.

Miscellany

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Comics America. The collective work includes works that are licensed to Comics America. Copyright 2011, Comics America ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Comics America or purchasing Comics America products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Comics America or to purchase Comics America products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Comics America. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Comics America used in the site are trademarks or registered trademarks of Comics America


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Comics America disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Comics America does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Comics America does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Comics America shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Comics America has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Comics America product is mistakenly listed at an incorrect price, Comics America reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Comics America reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Comics America shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Comics America without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Comics America may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Comics America.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Manitoba, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Comics America products) shall be in the provincial or federal courts located in Winnipeg, Manitoba, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Comics America products) must be commenced within one (1) year after the claim or cause of action arises. Comics America's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Comics America may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Comics America or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Comics America does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Comics America is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Comics America reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Comics America in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Comics America, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Comics America may link to sites operated by third parties. However, even if the third party is affiliated with Comics America, Comics America has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Comics America. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Comics America seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Adult Material
In general we don't carry "adult" material in the strict definition of the word as applies to items of a dubious nature. However, once in a while an art item or book item might be deemed "adult" in that some of the graphics or content may fall within that definition. When ordering such adult material, you must state that you are at least 18 years of age. Do so in the "Special Instructions" area during checkout. If you order adult material and you don't do this, we won't process the adult portion of the order.

Modifications
Comics America reserves the right to refuse any order, change or modify pricing with notification to you as stated above, and/or change or modify terms without prior notice. When you order through this site, you are accepting our terms unconditionally. Any disputes are made under the jurisdiction of the laws of the Province of Manitoba, Canada.