TERMS OF SERVICE
FOR WWW.MANGA.CO.UK
MANGA ENTERTAINMENT LTD.

Important! This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.manga.co.uk (our Site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked ("I Accept") at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. INFORMATION ABOUT US

1.1 www.manga.co.uk is a site operated by Manga Entertainment Limited (We). We are registered in England and Wales under company number 2202664 and with our registered office and main trading address at 6 Heddon Street, London W1B 4BT. Our VAT number is 848360896.

1.2 Manga Entertainment Limited receives orders for DVDs, VHS cassettes, books, clothing, toys and other merchandise [in physical form] on the site (MVM Products) as agent on behalf of MVM, Benson’s Court, 1st Floor, St. Mary’s Arcade, Chepstow, Monmouthshire NP16 5HT (MVM) as provided in clause 5 of these terms and conditions. ANY AND ALL CONTRACTS FOR THE SUPPLY OF MVM PRODUCTS WILL BE BETWEEN YOU AND MVM AND THERE WILL BE NO CONTRACT FOR THE SUPPLY OF ANY SUCH PRODUCTS BETWEEN YOU AND MANGA ENTERTAINMENT LIMITED OR ANY OF ITS AFFILIATED COMPANIES. Any such contract for the supply of Products is subject to the terms and conditions of MVM, which they will advise you of directly.

1.3 Save as set out in clause 5, Products supplied by Manga Entertainment Limited in its own name are “Manga Products”. MVM Products are not Manga Products.

2. SERVICE AVAILABILITY

The Products on our site are only intended for sale to people resident in the United Kingdom and the Republic of Ireland. No orders are accepted for Products from individuals outside those countries.

3. YOUR STATUS

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the United Kingdom or the Republic of Ireland; and
(d) You are accessing our site from that country.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order for Manga Products, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Manga Product. All orders are subject to acceptance by us on our terms and conditions of supply, and we will confirm such acceptance to you by sending you an e-mail that confirms that payment in full for the Manga Product has been received from you (the Confirmation). The contract between you and us for the supply of a Manga Product (Contract) will only be formed when we send you the Confirmation.

4.2 The Contract will relate only to those Manga Products for which we have received payment as confirmed in the Confirmation. We will not be obliged to supply any other Manga Products which may have been part of your order until payment for such Manga Products has been confirmed in a separate Confirmation.

5. OUR STATUS

5.1 Please note that in relation to MVM Products and in some other cases, we receive orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5.3 Where Products are supplied to MVM or any other third party seller by Manga Entertainment Limited, Anchor Bay Entertainment UK Limited or any other company affiliated with them, then nothing in these terms and conditions will affect any statutory rights you may have against Manga Entertainment Limited or such companies as manufacturer and/or distributor of such Products.

6. CONSUMER RIGHTS

6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Manga Products. In this case, you will receive a full refund of the price paid for the Manga Products in accordance with our refunds policy (set out in clause 10 below).

6.2 To cancel a Contract, you must inform us in writing. You must also return the Manga Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Manga Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
Any supply of services if the performance of the contract has begun with your agreement
Any supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
Any supply of goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
Any supply of audio, video or DVD recordings or computer software if they are unsealed by you or after you have downloaded a digital file.
Any supply of newspapers, periodicals or magazines
Any gaming, betting or lottery services

6.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your statutory rights.

7. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days OR (if you are not a consumer) within a reasonable time of the date of the Confirmation, unless there are exceptional circumstances.

8. RISK AND TITLE

8.1 The Products will be at your risk from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. PRICE AND PAYMENT

9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide, located at: http://shopmanga.co.uk/shop/pages.php?pageid=1.

9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Manga Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Manga Product to you. If a Manga Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Manga Product, or reject your order and notify you of such rejection.

9.5 We are under no obligation to provide the Manga Product to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.6 Payment for all Manga Products must be by credit or debit card. We accept payment with Visa, Visa Electron, Mastercard, Maestro, American Express. We will not charge your credit or debit card until we despatch your order.

10. OUR REFUNDS POLICY

10.1 When you return a Manga Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period in accordance with clause 6, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Manga Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Manga Product. Manga Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us unless you agree to accept an equivalent replacement Manga Product in exchange.

10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. OUR LIABILITY

11.1 We warrant to you that any Manga Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. No other representations or warranties are made by us save as implied by law.

11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Manga Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.

11.5 Where you buy any MVM Product or other Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

11.6 If you order Manga Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

11.7 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. NOTICES

All notices given by you to us must be given to Manga Entertainment Limited at 6 Heddon Street, London W1B 4BT OR info@mangaentertainment.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport by us.
(e) Impossibility of the use of public or private telecommunications networks by us.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. WAIVER

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.

17. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. ENTIRE AGREEMENT

18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

20. LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Revised 18/04/08