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MARVEL COMICS
Source: www.marvel.com
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Short Description: These Terms of Sale shall apply to all orders of Marvel Comics (“Marvel”). comic books, graphic novels and other all other offered merchandise (“Products”) ...
Content Inside: MARVEL COMICS Terms of Sale to Comic Book Specialty Stores 1. Application. These Terms of Sale shall apply to all orders of Marvel Comics ("Marvel") comic books, graphic novels and other all other offered merchandise ("Products") placed through Diamond Comic Distributors, Inc. ("DCD"), Marvel's sales agent, on or after November 1, 2004. 2. Eligibility for Purchases of Marvel Products Through DCD. A. Only comic book specialty stores engaged in a legitimate business of re-selling Products in a permanent retail venue with a current mailing address may purchase Products through DCD. Marvel will not sell Products directly to hobbyists through DCD, and may require that any prospective or existing customer submit proof of eligibility for purchase at the time that any order is placed. B. Prospective customers must complete and return a DCD new account application, including all documents and materials specified in DCD's separate terms of sale (the "DCD Terms"). No orders will be processed unless an application is on file with DCD and a customer account has been created and approved. The DCD Terms shall govern the terms of payment and availability of credit for any particular account, and DCD's determination with respect to the terms of payment and credit to be extended (if any) to a particular customer shall apply to each order placed by that customer. C. Marvel, in its sole discretion, has the right to refuse to sell Products to any prospective or existing customer for any reason. 3. Placement of Orders Through DCD. A. Procedures: 1. Each Product offered for sale through DCD will be identified in Marvel Previews or an email or mail solicitation by reference to its title and price. Each Product may also be identified in a DCD publication by reference to its title, DCD Code, UPC Code and price. A first published day of sale (the "First Published DOS"), which is the day when the product is intended to be offered for sale to the consumer, will be noted for each Product offered for sale. A final order cut off date (the "Final Order Cutoff Date") or order increase cutoff date (the "OIC Date"), which is the day Marvel commits to an inventory build, will also be noted for each Product offered for sale. Marvel may, in its sole discretion, change the First Published DOS and the corresponding Final Order Cutoff Date for any particular product by noting the change in a DCD publication or by e-mail prior to the then-current Final Order Cutoff Date for the product. It is the customer's responsibility to monitor the DCD publications, e-mails sent by Marvel or DCD, as well as any other communications from DCD for any changes to the First Published DOS and Final Order Cutoff Dates for Products that have been ordered. 2. Any order for a Product must comply with the guidelines specified in the DCD Terms and is subject to the Conditions of Sale in both these Terms of Sale, and the DCD Terms. B. Order Deadlines and Order Adjustments {00022191 AS}
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