TERMS OF USE FOR BUYERS ON AFRIKANCOMICS

OVERVIEW

Welcome to the Afrikancomics.com website (the "Afrikancomics.com Site"), a website owned and operated by 1704 productions, a Company incorporated pursuant to the Laws of the Federal Republic of Nigeria.

YOUR AFFIRMATIVE ACT OF ACCESSING, USING OR REGISTERING FOR AFRIKAN COMICS BUYERS APPLICATIONS AND SERVICES SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS (“TERMS”). YOU AGREE THAT THESE TERMS HAVE THE SAME EFFECT AS A CONTRACT SIGNED IN WRITING.

PLEASE NOTE THAT THESE TERMS APPLY, REGARDLESS OF THE MEANS OF DELIVERY OF THE SITE TO YOU. BY USING THE SITE, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS (AS MODIFIED FROM TIME TO TIME). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE REFRAIN FROM USING THE SITE.

PLEASE NOTE THAT WE MAY CHANGE THESE TERMS FROM TIME TO TIME WITHOUT NOTICE SO YOU SHOULD REVIEW THEM EACH TIME THAT YOU VISIT THE SITE.

UPDATED JULY 25, 2018

1. APPLICABILITY

These Terms of Use do not apply to any website, mobile and touch version, or electronic service that is accessed or products that are purchased by any through AfrikanComics.com which access, use, purchase, or relationship is governed by the Afrikan Comics Terms located here and the Privacy Statement located.

IMPORTANT. THESE TERMS OF USE ARE IN ADDITION TO ANY OTHER AGREEMENT(S) BETWEEN YOU AND AFRIKAN COMICS. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS OF USE AND SUCH AGREEMENT(S), THE OTHER AGREEMENT(S) WILL CONTROL.

2. ACCEPTANCE OF TERMS OF USE

Afrikan Comics operates the Site. By using the Site, any service provided through the Site, or installing mobile or touch versions that allow access to content or services provided through the Site, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time

3. FEES AND BILLING

Joining Afrikan Comics is free. Afrikan Comics does not charge fees for buying items on sale or listing an item for sale. Depending on your agreement with Afrikan Comics, Afrikan Comics will either take a percentage or a set amount of the sale price when the item sells. Afrikan Comics may, at Afrikan Comics sole discretion, change some or all of Afrikan Comics services at any time. In the event Afrikan Comics introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, or indicated through the functionality on the site, all fees are quoted in Naira/Dollars. In certain situations, including but not limited to a void or invalid transaction, Afrikan Comics may issue a credit for the applicable fees to a seller or Supplier. Suppliers are responsible for paying all fees and applicable taxes associated with using and selling on Afrikan Comics.
Price: Price is the set product rate by Supplier, including taxes, tariffs, and any other applied costs. Suppliers are required to list prices (including associated costs in the total price shown on ‘Price Detail’, with a breakdown of the component associated costs shown in the ‘Product Link’ information.

4. TERMINATION

Afrikancomics.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our merchandise and services with or without prior communications .You hereby consent that Afrikancomics.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.

5. RETURN POLICY

If you receive a wrong, damaged, defective or counterfeit item you can initiate a return up to 7 days after delivery by sending a mail to: support@afrikancomics.com

Or call; 08180018055 or 08180018056.

When returning an item, ensure all seals, tags and accessories are left intact and item is in its original packaging. If you have created a password on the device you wish to return, please ensure it is removed, otherwise, your return will be invalid.

Once you initiate a return, our delivery agent will call you to schedule a retrieval. There will be 2 attempts made to retrieve the item(s).
If you initially picked-up your package from one of our stations or chose to drop-off at one, please take the items you wish to return to the same pick-up station.

Refund process begins after we have completed the evaluation of your returned product. We will send you an email notification once return examination completed. If your return is invalid then we will call you to explain the issue and send the item(s) back to you. We will arrange the delivery of the item.

6. EMPLOYEE MANAGEMENT

6.1 Obligations of Buyers - On the Transaction Detail Screens, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees (unless such fees are to be paid by Seller) will be obtained for the deposit into Afrikan Comics. Depending on the amount of the Transaction and the currency selected for the Transaction, Buyer may remit the necessary funds via various methods, which may include corporate credit card, charge card, debit card or purchasing card, check (cheque), cashier's check, money order, or wire transfer. In the case of wire transfers, Buyer will initiate the wire to an account designated by Afrikan Comics.com on or before the date set forth in the Transaction Detail Screens. Regardless of the payment method, Buyer authorizes Afrikan Comics and Afrikan Comics authorized agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations.

6.2 Afrikan Comics will deposit funds received from Buyer into an Afrikan Comics trust account maintained by Afrikan Comics (the " Afrikan Comics Account"). Unless otherwise requested as specified in the following sentence, Afrikan Comics deposits do not earn interest for Buyer or Seller.

6.3 Buyer shall notify Afrikan Comics of the receipt or non-receipt of the items on the date the merchandise is received or the Buyer Inspection Period is started. Buyer shall notify Afrikan Comics of the Buyer's acceptance or rejection of the items before the Buyer's Inspection Period expires. Upon receipt of notice from Buyer that the items have been received and accepted, Afrikan Comics shall transfer the payment amount (less any amount payable to Afrikan Comics for Afrikan Comics fees) to Seller's Account. Transfer to a Seller generally will be initiated within the next business day from the day on which notice of acceptance of the items is received from the Buyer. If Buyer has not notified Afrikan Comics of the non-receipt or rejection of the items during the Buyer's Inspection Period, then Buyer authorizes Afrikan Comics to remit the Afrikan Comics funds (excluding Afrikan Comics fees) to the Seller. Buyer shall follow the procedures set forth on the Site in the event the items are rejected.

6.4 Canceling a Transaction - If a Transaction cannot be completed for any reason, including cancellation by Afrikan Comics for any reason, Afrikan Comics will notify each User in such Transaction by e-mail, to the e-mail address each has provided to Afrikan Comics. In Afrikan Comics sole discretion, Afrikan Comics may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Transaction Details Screens by clicking the "Agree" button as requested on the Site. You may cancel a Transaction as provided in this Agreement, on the General Afrikan Comics Instructions or in the Transaction Afrikan Comics Instructions.

6.5 Disclaimers - You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly "as is" and "as available" basis. Afrikan Comics MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.

Afrikan Comics expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Afrikan Comics shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any Seller of items. No advice or information, whether oral or written, obtained by you from Afrikan Comics or through the Services shall create any warranty not expressly made herein.

You acknowledge and agree that Afrikan Comics does not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. In no event will Afrikan Comics be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond Afrikan Comics control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).

7. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AFRIKAN COMICS NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.

8. BREACH

Without limiting any other remedies, Afrikan Comics may unilaterally decide, without notice, and without refunding any fees, delay or immediately remove Content, warn Afrikan Comics community of a merchant/Supplier's actions, issue a warning to a Supplier, temporarily suspend a Supplier, temporarily or indefinitely suspend a Supplier's account privileges, terminate a Supplier's account, prohibit access to the Site, and take technical and legal steps to keep a Supplier off the Site and refuse to provide services to a Supplier if any of the following applies:
investigation, or otherwise a Supplier has breached this Agreement, the Privacy Policy, the Supplier policy or other policy documents and community guidelines incorporated herein; Afrikan Comics is unable to verify or authenticate any of your personal information or Content; or Afrikan Comics believes that a Supplier is acting inconsistently with the letter or spirit of Afrikan Comics policies, has engaged in improper or fraudulent activity in connection with the actions may cause legal liability or financial loss to v Suppliers or to Afrikan Comics.

9. INDEMNITY

You agree to indemnify and hold Afrikan Comics and (as applicable) Afrikan Comics parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

10. SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

11. NO AGENCY

You and Afrikan Comics are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Buyers or Suppliers have no right to represent Afrikan Comics to make or accept any offers or acceptance. Buyers or Suppliers cannot make any statements at any circumstance that may cause conflict with this term. This agreement does not establish an exclusive partnership between Buyers or Suppliers and Afrikan Comics.

12. JURISDICTION AND APPLICABLE LAW

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Federal Republic of Nigeria. The courts of Nigeria shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.

13. OUT-OF-COURT SETTLEMENTS

We also engage in out-of-court settlements before consumer arbitration bodies under the regulation Arbitration Act Nigeria, 1996.

14. TERMINATION OF SERVICES

Either party may terminate the agreement with seven (7) days advance written notice for all or any of the Publisher’s Websites without any further obligation or payment except with respect to that portion of any fee due with respect to the placement of the Newsfeed, including Buyer’s Share, as appropriate, up to and including the effective date of termination. In the event of termination, Publisher must remove Provider Newsfeed within 24 hours of the effective date stated in the notice. Newsfeed Provider is not liable for payment of any fees beyond the effective date of termination.