Terms of Purchase – DC Shop

Effective Date: January 19, 2021

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF PURCHASE (“Terms”, “Terms of Purchase”, or “Agreement”) CAREFULLY BEFORE PURCHASING PRODUCTS OR SERVICES FROM THE STORE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. SEE OUR TERMS OF USE FOR MORE DETAILS.

Welcome to the DC Shop (the “Store”). Thank you for your interest in purchasing products and services from the Store, which is a service provided by Warner Bros. Entertainment Inc. or its subsidiaries or affiliates (collectively, “Warner,” “we,” “us,” or “our”). By placing an order from our Store:

you agree to be legally bound by these Terms, as well as our Terms of Use and
you acknowledge the collection and use of your personal information and use of cookies by or for us and/or our affiliates, as described in our Privacy Policy or, if you are a child, our Children’s Privacy Policy.

If you do not wish to be bound by this Agreement, please do not place an order from the Store. Please read these Terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us using the instructions set forth in Section 11 below.

Terms of Purchase – Table of Contents

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Purchases Generally
Methods of Payment, Credit Card Terms and Taxes
Return/Exchange Policy and Delivery/Shipping Policy
Order Acceptance Policy
Conditions Applicable to Pre-Order Products
No Responsibility to Sell Mispriced Products
Modifications to Prices or Billing Terms
Offers and Discounts
Our Intellectual Property Rights in Products Sold
Changes to These Terms
Contact Us
Other Important Terms

1. PURCHASES GENERALLY

To purchase any products or services in the Store, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or if you are a minor, have a valid credit card where an adult has listed you as an authorized user of their card. Prior to the purchase of any products or services, unless you are paying with a gift card or credit voucher (which we may offer from time to time), you must provide us with a valid credit card number, debit card number (or other payment account number) and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your card number, (iii) the card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or payment account. By submitting that information to us or to our third party credit card processor, you agree that you authorize us and/or our processor to charge your card/account at our convenience. For any product or service that you order on the Store, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. Also, please review our FAQ, if you have questions about the terms applicable to purchases.

2. METHODS OF PAYMENT, CREDIT CARD TERMS AND TAXES

All payments must be made through any of the methods that are accepted at the time of payment by us or by our payment services provider, Stripe, which include the following payment methods identified in our FAQ, as well as Apple Pay and Google Pay. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card or payment account, and you must refer to that agreement and not these terms to determine your rights and liabilities as a card or account holder. If for any reason your default payment method is declined or no longer available, you authorize us to charge any other payment method that you have authorized for use on your account with us. You will remain responsible for any uncollected amounts. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, without limitation, sales, use or value-added taxes. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that we deem is required in accordance with our order policy in effect at the time of purchase.

3. RETURN/EXCHANGES POLICY AND DELIVERY/SHIPPING POLICY

All purchase transactions made through the Store are subject to our return and exchange policy and delivery/shipping policy in effect at the time of purchase. Our current Return & Exchange Policy can be found here and is incorporated into these Terms by reference. Our current Delivery/Shipping Policy can be found here and is incorporated into these Terms by reference. Some products or services are made-on-demand and may be subject to additional policies, conditions and restrictions, and may take longer to ship. Such on-demand items are made and fulfilled to order, and will be noted on the product or services description. Products or services made-on-demand may not be returned or exchanged unless damaged or incorrect on arrival due to our error or mistake. All products purchased from us are delivered to you by a third-party delivery company, pursuant to a shipping contract. You shall become the owner of the products and shall assume the risk of loss at the time of delivery by us of the products to the third-party delivery company. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, pandemic, other industrial disturbances, utility, services or transportation interruptions or any other cause beyond our reasonable control.

4. ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or that the price or availability of an item has been confirmed. We reserve the right at any time after receipt of your order to accept or decline your order (or otherwise cancel your order) for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or refuse to fulfill your order. Your order will be deemed accepted by us upon our delivery of the products or services that you have ordered. We may require additional verifications or information before accepting any order. Unlike in-stock orders, certain products or services are made-on-demand and may be shipped to you directly from the third party on-demand vendor and subject to additional delay due to production methods. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your card or payment account in the amount charged for the cancelled portion or the quantity not provided (if your card/account has already been charged for the order); or (b) we will not charge your card/account for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with us has been effectuated until you receive a confirmation from us via email or the Store. As stated above, you will be responsible for, and your credit/debit card or other third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your order was received. We may refuse any order that is connected with a previous credit card dispute. We may refuse to accept any order if fraudulent activity is suspected and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.

The Store is intended solely for us to sell products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of Store product by someone who resells, or intends to resell, the Store product to others (consumers, businesses or any third party). If Warner believes you are involved in purchase for resale, Warner reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

5. CONDITIONS APPLICABLE TO PRE-ORDER PRODUCTS

Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch date. Due to the nature of pre-ordering, the following specific conditions apply to pre-ordered products: (i) Pre-ordered products once purchased from the Store are targeted to be delivered on or before the retail launch date, provided that we have received your payment at least three (3) business days before such retail launch date. Concrete delivery times however will depend on the time the product is available in our warehouse and any timing disclosed to you at the time of sale or thereafter. Standard delivery timelines will apply from the moment the pre-ordered product is actually received and available in our warehouse and is able to be shipped. This information on proposed delivery dates is best estimates only, and timelines are not binding on us (and you waive any right to the shipment of such pre-order products within thirty (30) days of order that may be required under any applicable laws); (ii) Unless disclosed on the Store, your payment (including payment for shipping) on a pre-order product will be processed as soon as the order is placed (or in the event of bank transfer as soon as possible). We will not start the fulfillment of your order prior to having received payment; and (iii) The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Store or otherwise in your order confirmation. We reserve the right to change the date at any time by posting notice on the Store and/or delivering notice to you of a new date via email.

6. NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS

We do our best to describe every item, product or service offered on the Store as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Store is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your credit/debit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may cancel the sale, refund you any sums you have paid and require the return of any goods provided to you under the order. If a product you purchased from us is not as described on the Store, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to the terms of the Returns & Exchanges Policy.

7. MODIFICATIONS TO PRICES OR BILLING TERMS

Purchases of products and services on the Store are subject to availability. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with the Store are subject to change at any time without notice. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for any items sold by third parties (if any). We make every effort to provide our customers with products that are identical to the photo displayed on our Shop. Please keep in mind that photos are not able to display the exact colors of a product, and that the actual color of a product may differ from what is shown in the photo. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. Descriptive, typographic and photographic errors are subject to correction and we shall have no liability of any kind for such errors. We reserve the right to modify or cancel orders for any reason, including for typographical, pricing and other errors at any time. We strive to display as accurately as possible the colors of the products shown on the Store; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate. PRODUCTS AND SERVICES DISPLAYED ON THE STORE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME.

8. OFFERS AND DISCOUNTS

For most promotional offers, such as coupons, vouchers, and discounts, restrictions apply. See offer for full terms and conditions applicable thereto. Offers are not valid on previously purchased merchandise, gift cards, taxes or shipping and there is no cash value. Limit one (1) offer per order. Offers may not be combined with other offers or promotions. Offers are not valid if reproduced and they are only accepted for a limited time. Please read the details of each offer, as coupons and promotional code restrictions vary. We reserve the right to modify, suspend, impose conditions on or cancel offers at any time without notice. If you return any of the items purchased with a discount offer, the discount or value may be subtracted from the return credit. Void where prohibited by law. We have no obligation for payment of any tax in conjunction with the distribution or use of any offer. You are required to pay any applicable sales tax related to the use of the offer.

9. OUR INTELLECTUAL PROPERTY RIGHTS IN PRODUCTS SOLD

As between you and Warner, any and all intellectual property rights in the products or services sold through the Store will remain the sole and exclusive property of Warner. We retain the entire right, title and interest in and to any and all intellectual property rights in the products and services, including, but not limited to, all trade secret, patent, copyright and trademark rights associated with the products and services. A purchaser of products or services through the Store may not copy or modify them or resell them to a third party, without first obtaining our prior written approval.

10. CHANGES TO THESE TERMS

The Terms posted on the Store at the time you place your order on the Store will govern that purchase. We reserve the right, in our sole discretion, to modify these Terms from time to time. You agree that we may notify you of modified terms or policies by posting them on the Store, and agree that your purchases on the Store after such notice constitutes your agreement to the modified terms, which will govern your ongoing and future purchases from the Store. Thus, you should review the posted Terms each time you make a purchase from the Store. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available on the Store.

11. CONTACT US

If you have any questions about the Store, you can contact us using our online contact form. If you have a privacy-related question, please first consult our Privacy Policy or, if you are a child, our Children’s Privacy Policy. If you cannot find the relevant information there, please contact us using this form, or send us a letter by post at Warner Bros. Privacy Office, 4000 Warner Boulevard, Building 3, Burbank, CA 91522, USA (Attention: Data Privacy Team).

12. OTHER IMPORTANT TERMS

The provisions of Sections 13, 14, 15, 16, 17, 18 and 19 of our Terms of Use also apply to these Terms and are incorporated into these Terms by this reference. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Store. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms, these Terms will govern, unless expressly agreed in writing by Warner.

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