This document contains the general terms and conditions on the basis of which the use of the web site www.other-universe.com that provides digital comics and merchandising is offered to the users.
1. Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:
- Owner: Other Universe AS, with registered address in Sørsidevegen 1729, 6386 Måndalen, VAT number/Tax code NO922720347, 922 720 347, fully paid-up share capital of __________, , certified e-mail address (PEC) __________
- Application: the web site www.other-universe.com
- Products: the goods provided to the user by the Owner and the goods and / or the services provided through the Application by a third-party provider.
- User: any person who accesses and uses the Application
- Consumer User: the natural person who enters into a contract for purposes which are not related to his trade, business or profession Third-party Provider: the natural or legal person, other than the Owner, who offers the Products through the Application in the performance of their trade, business or profession
- Content: any textual or multimedia element in the Application, by way of example announcements, insertions, reviews, images, etc.
- Conditions: this contract which governs the relationship between the Owner and the Users as well as the sale or supply of the Products offered by the Owner through the Application.
2. Relationship between the Owner, Third-party Providers and Users
The Application hosts a platform managed by the Owner which allows the contact of Users interested in the Products offered by the Owner and Third-party Providers.
Therefore, Users can purchase and / or request the delivery of both Products supplied by the Owner and Products supplied by Third-party Providers through the Application. It is always clearly indicated in the Application whether the Product is supplied by the Owner or a Third-party Provider.
Should the Products be offered by a Third-party Provider, the Owner is not party to the relationship between the User and theThird-party Provider and therefore shall not be under any liability from such relationship. The Owner shall be considered only as amere technical operator of the Application. Therefore, any contract entered into between Third-party Providers and Users is notsubject to the Conditions.
The terms and conditions of each Third-party Provider shall be made available on the Product page or on the Third-partyProvider’s card. Thus, before making commercial transactions, it is necessary to check Third-party Provider's conditions of sale orsupply published in the Application.
3. Scope of the Conditions
The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and /or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the servicesrelated.
The Owner may amend the Conditions at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of aProduct.
Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.
The Owner reserves the right to change, at his own discretion and at any time, the graphic interface of the Application, theContents and their organisation, as well as any other feature that characterises the functionality and management of theApplication, communicating to the User the relative instructions, when necessary.
4. Purchase or delivery request through the Application
All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery method, times and expenses, supply and execution times, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the Product may occur. Furthermore, the images of the Products shall be considered as a mere representation and do not constitute a contractual element.
Purchases and / or delivery requests of one or more Products through the Application are permitted to Consumer Users.
Purchases and / or delivery requests are permitted only to natural persons of legal age. For minors, any purchase and / or request for the supply of Products through the Application shall be examined and authorised by the parents or those exercising parental authority.
The offer of Products through the Application shall be deemed as an invitation to prepare an offer and the order sent by the User as contractual purchase proposal and / or a delivery request, subject to the confrmation and / or the acceptance of the Owner as described below. Therefore, the Owner has the right to accept or refuse the User's order or delivery request at its discretion. Accordingly, the User is not entitled to complain about the Owner’s decision for any reason.
The contract of sale or provision of the Products is deemed to be concluded with the Owner’s acceptance of the User’s contractual purchase proposal or delivery request. The Owner shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User or by displaying a web order confrmation page. The confirmation shall contain the date of the order, User’s data, the characteristics of the Product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and / or taxes, if any, supply and execution times, delivery address, delivery times and costs, if any, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.
The contract of sale or supply of the Products is not effective between the parties in absence of what is indicated in the preceding paragraph.
In the event that the Product is not available, the Owner shall inform the User the new terms of delivery and ask if the User intends to confrm the order. It is understood that the contract shall be deemed as concluded only with reference to the Products accepted by the Owner.
The User shall verify the correctness of the data reported in the order confrmation and immediately notify the Owner of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.
5. Subscription
The Application offers subscription Products. The features and methods of subscription are detailed in the Application.
In order to subscribe, the User shall follow the procedure indicated in the Application and provide the requested information. The subscription fees, if any, shall be charged on the specified date and with the frequency indicated at the time of purchase.
6. Prices and payments
For each Product the price including VAT, if due is indicated. If the price cannot be calculated in advance, due to the nature of the Product, the methods for calculating the price shall be indicated.
Furthermore, all possible taxes, additional costs and delivery costs which may vary depending on the destination, the chosen delivery method and / or the payment method used shall be indicated. If these expense items cannot reasonably be calculated in advance, there shall be an indication of which expenses to be charged to the User.
The Owner reserves the right to change the price of the Products as well as any additional costs at any time. It is understood that price changes shall in no case affect the contracts already concluded before such change.
The User undertakes to pay the price of the Product within the times with and methods indicated in the Application and to communicate the information requested.
The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).
Should these third party tools deny payment authorisation, the Owner shall not provide the Products and cannot be held responsible in any way.
7. Billing
The User who intended to receive the invoice for the payment shall provide the Owner with the billing information. In this case, the User declares that the information provided is true and releases the Owner from any liability in this regard.
8. Material Products’ delivery methods
When will I get my order?
Usually, it takes 3–7 days to fulfill an order, after which it’s shipped out. The shipping time depends on your location, but can be estimated as follows:
- USA: 3–4 business days
- Europe: 6–8 business days
- Australia: 2–14 business days
- Japan: 4–8 business days
- International: 10–20 business days
[Covid-19] Our fulfillment times [for all products/t-shirts/phone cases/etc.] may be longer than usual and may continue to increase until things get back to normal. We're seeing delays in our supply chain, including distributors and shipping carriers as the entire industry is grappling with challenges.
Where will my order ship from?
We work with an on-demand order fulfillment company with facilities worldwide!
Will I be charged customs for my order?
An additional customs and tax fee can occur on international orders. This fee is not in our control and is assessed by your local customs office. Customs policies vary widely for every country so please check with your local customs office directly to see if they apply duties and taxes to your purchases.
My order should be here by now, but I still don't have it. What should I do?
Before getting in touch with us, please help us out by doing the following:
- Check your shipping confirmation email for any mistakes in the delivery address
- Ask your local post office if they have your package
- Stop by your neighbors in case the courier left the package with them.
If the shipping address was correct, and the package wasn't left at the post office or at your neighbor’s, get in touch with us at info@other-universe.com with your order number. If you did find a mistake in your delivery address, we can send you a replacement order, but shipping will be at your own cost.
How are your products made?
We work with a print-on-demand drop shipper. They have locations worldwide, so depending on where you are, your orders are printed and shipped from the facility that can do it most efficiently.
How do I track my order?
You’ll receive a tracking link via email when your order ships out. If you have any questions about your tracking or shipment, drop us a line at info@other-universe.com
I received a wrong/damaged product, what should I do?
We’re so sorry if the product you ordered arrived damaged. To help us resolve this for you quickly, please email us at info@other-universe.com within a weeks' time with photos of the damaged product, your order number, and any other details you may have about your order. We’ll get back to you with a resolution as soon as possible!
What’s your return policy?
We don’t offer returns and exchanges, but if there’s something wrong with your order, please let us know by contacting us at info@other-universe.com
Do you offer refunds?
Refunds are only offered to customers that receive the wrong items or damaged items. If any of these apply, please contact us at info@other-universe.com with photos of wrong/damaged items and we’ll sort that out for you.
Can I exchange an item for a different size/color?
At this time, we don't offer exchanges. If you’re unsure which size would fit better, check out our sizing charts—we have one for every item listed on our store, in the product description section. Though rare, it's possible that an item you ordered was mislabelled. If that’s the case, please let us know at info@other-universe.com within a week after receiving your order. Include your order number and photos of the mislabeled item, and we’ll send you a new one, or issue a refund!
9. Delivery method of digital Products
The Owner shall deliver the digital Products to the User, in the manner and at the time indicated in the Application and detailed in the order confirmation.
In the event that it is not possible to provide the digital Products within the aforesaid terms, the Owner shall promptly notify the User via e-mail, indicating the expected time of the delivery or the reasons that make the delivery impossible.
If the User does not intend to accept the new term or the delivery has become impossible, he can request the refund of the amount paid. The refund shall be paid promptly with payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of refund request.
10. Consumer User’s right to withdrawal from the purchase of digital products
The Consumer User who, for any reason, is not satisfied with the Product has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 14 days from the date of signature of the contract, by sending a written communication to the e-mail address info@other-universe.com, using the optional withdrawal form in the following article or any other written declaration.
In case of withdrawal exercised correctly, the Holder shall refund the payments received by the User. The refund shall be paid promptly with payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of refund request.
In case of purchase of a digital product, the Consumer User acknowledges and agrees to lose the right to withdrawal if the execution or download of the digital product started with his express agreement and with the acceptance of losing the right to withdrawal after the execution or download has begun, pursuant to Section 59, lett. o) of the Italian Consumer Code.
The Consumer User acknowledges and accepts that the withdrawal from a subscription does not entail the return of the amounts paid for the Products already used or supplied.
11. Exclusion of the right to withdrawal of the Consumer User
The right to withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded relatively:
- to the supply of sealed audio or video recordings or computer software and that have been unsealed after delivery
- to the supply of newspapers, periodical or magazines with the exception of subscription contracts for the supply of such publications
For more information, the User shall contact the Owner at the e-mail address info@other-universe.com.
12. Optional form to exercise the right to withdrawal
The User can withdraw from the contract by using the following form, which must be completed in its entirety and sent to the email address info@other-universe.com before the withdrawal period has expired:
I hereby communicate the withdrawal from the sales or supply contract relating to the following product__________
Order number:_______
Date of the order: _______
Name and surname: _______
Address: ______
E-mail associated with the account from which the order was made: ____________________
Date: __________
13. Material Products’ guarantee of conformity for Consumer Users
The legal guarantee of conformity, as provided for in Sections 128-135 of the Italian Consumer Code, is recognised for all the Products sold through the Application that fall under the category of "consumer goods", as regulated by Section 128, paragraph 2 of the Italian Consumer Code: any tangible movable items, also to be assembled, with the exception of i) sold by way of execution or otherwise by authority of law, also by delegation to notaries, ii) water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, iii) electricity.
The legal guarantee of conformity is reserved only to Consumer Users.
The Owner undertakes to deliver the Consumer User Products in compliance with the sales contract. The Products are presumed to be in conformity with the contract if they:
a. are fit for the purposes for which goods of the same type are normally used
b. comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model
c. show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling
d. are for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted.
Any faults or malfunctions caused by accidental facts or by the responsibility of the Consumer User or by use of the Product that is not in conformity with its intended use and / or with the technical documentation provided are therefore excluded from the scope of application of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported within 2 months following the date of discovery of the defect.
Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. After 6 months, the Consumer User must provide proof that the damage was not caused by incorrect or improper use of the Product.
In order to to use the remedies provided by the guarantee of conformity, the Consumer User shall send a written communication to the e-mail address info@other-universe.com.
The Owner shall promptly reply to the communication of the alleged lack of conformity and shall indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and / or the defect reported.
14. Industrial and intellectual property rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Content available on the Application. Therefore, all the trademarks, figurative or word and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.
The Conditions do not grant the User any license for use relating to the Application and / or to individual contents and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorised, will be considered violations of the intellectual and industrial property right of the Owner.
15. Exclusion of warranty
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner's will or due to force majeure events.
16. Limitation of liability
The Owner shall not be held liable towards the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User only having the right to a full refund of the price paid and of any additional charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, since he does not enter in any way in contact with the payment data used (credit card number, name of the holder, password, etc.).
The Owner shall not be held liable for:
- any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
- the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion
In no case the Owner shall be held liable for a sum greater than twice the cost paid by the User.
17. Force majeure
The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.
18. Links to third-party web sites
The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
19. Privacy
The protection and processing of personal data will be in accordance with the Privacy Policy which can be consulted on the page __________
20. Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to courts where the Consumer User resides or has elected domicile, if located in the territory of the Italian Republic, without prejudice to the right of the User Consumer of going to court other than the "consumer court" pursuant to Section 66 bis of the Italian Consumer Code, competent for the territory according to one of the criteria of the Sections 18, 19 and 20 of the civil procedural code.
The application to Consumer Users who do not have their residence or domicile in Italy of any more favourable and mandatory provisions established by the law of the country in which they have their residence or domicile is reserved, in particular in relation to the term for the exercise of the right of withdrawal, after the return of the Products, in case of exercise of this right, the formalities of the communication and the legal guarantee of conformity.
22. Online dispute resolution for Consumer Users
The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 23/03/2021