Comments on: How to close a comic store http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/ The Blog@ Team and prominent comics personalities share what’s on their minds. Sun, 26 May 2013 00:52:03 +0000 hourly 1 http://wordpress.org/?v=3.1.1 By: Alan Coil http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/comment-page-1/#comment-74446 Alan Coil Sat, 10 Feb 2007 20:29:19 +0000 http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/#comment-74446 Brian Hibbs said: "They should pay because he decided to shutter his business? -B " ----- Jason Richards was talking about the items that were months late, things that would most likely be subject to order adjustment before they were delivered, stuff that probably should be cancelled and re-solicited. Doesn't seem right that Diamond should get 10% of the cover price of those items. Diamond could just go in the computers and cancel those items. Brian Hibbs said:
“They should pay because he decided to shutter his business?
-B ”
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Jason Richards was talking about the items that were months late, things that would most likely be subject to order adjustment before they were delivered, stuff that probably should be cancelled and re-solicited. Doesn’t seem right that Diamond should get 10% of the cover price of those items. Diamond could just go in the computers and cancel those items.

]]> By: Justme http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/comment-page-1/#comment-73925 Justme Fri, 09 Feb 2007 12:55:28 +0000 http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/#comment-73925 18 months then close...Sounds like a simple market analysis would have reaveled that the area didnt need another comic shop. Not enough readers to go around. Explains why he has to close and is not selling the business - everyone else knew this so no buyers. Cant feel sorry forthose who pridefully venture where where simple information would have said not to... 18 months then close…Sounds like a simple market analysis would have reaveled that the area didnt need another comic shop. Not enough readers to go around.
Explains why he has to close and is not selling the business – everyone else knew this so no buyers.
Cant feel sorry forthose who pridefully venture where where simple information would have said not to…

]]> By: Brian Hibbs http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/comment-page-1/#comment-73831 Brian Hibbs Fri, 09 Feb 2007 06:56:30 +0000 http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/#comment-73831 Diamond's TOS doesn't mention a 10% restocking fee, but it is explicit that all orders are non-returnable, and are ordered from Diamond at thier own risk. "The customer acknowledges and assumes the risk that due to the nature of the products purchased from DCD, variations in such products, including but not limited to, changes in the scheduled ship date, author, illustrator, publisher, character(s) and subject matter may occur. Despite such variations, all merchandise is old by DCD on a non-returnable basis unless otherwise authorized in writing by DCD" Further down a bit it says: "Failure of customer to take immediate delivery of merchandise when made available by DCD, or failure to pay for merchandise when due, shall be deemed breach of contract which may, at DCD's sole discretion, result in legal action and/or held shipments and/or cancellation of outstanding orders and/or loos of check writing priviledges and/or loss of credit terms and/or the exercise of any other rights of DCD under these Terms of Sale and/or any other available remedy at law or in equity. In addition to any other remedy available to DCD, any customer who refuses to accept ordered merchandise, or who, by his payment delinquency or any other cause, forces DCD to suspend shipments to the customer, shall be liable to DCD for a 50% cancellation charge for all merchandise the customer has ordered, regardless of its status" So, it sounds to me that Diamond is being generous IN RELATIONSHIP TO THIER PUBLISHED TOS. What I don't get is why Jason thinks he shouldn't have any responsability for the stuff he ordered, and that it is legitimate to just stick DIAMOND with the material? It's not like THEY get to return it... They should pay because he decided to shutter his business? -B Diamond’s TOS doesn’t mention a 10% restocking fee, but it is explicit that all orders are non-returnable, and are ordered from Diamond at thier own risk.

“The customer acknowledges and assumes the risk that due to the nature of the products purchased from DCD, variations in such products, including but not limited to, changes in the scheduled ship date, author, illustrator, publisher, character(s) and subject matter may occur. Despite such variations, all merchandise is old by DCD on a non-returnable basis unless otherwise authorized in writing by DCD”

Further down a bit it says:

“Failure of customer to take immediate delivery of merchandise when made available by DCD, or failure to pay for merchandise when due, shall be deemed breach of contract which may, at DCD’s sole discretion, result in legal action and/or held shipments and/or cancellation of outstanding orders and/or loos of check writing priviledges and/or loss of credit terms and/or the exercise of any other rights of DCD under these Terms of Sale and/or any other available remedy at law or in equity. In addition to any other remedy available to DCD, any customer who refuses to accept ordered merchandise, or who, by his payment delinquency or any other cause, forces DCD to suspend shipments to the customer, shall be liable to DCD for a 50% cancellation charge for all merchandise the customer has ordered, regardless of its status”

So, it sounds to me that Diamond is being generous IN RELATIONSHIP TO THIER PUBLISHED TOS.

What I don’t get is why Jason thinks he shouldn’t have any responsability for the stuff he ordered, and that it is legitimate to just stick DIAMOND with the material? It’s not like THEY get to return it…

They should pay because he decided to shutter his business?

-B

]]> By: Don MacPherson http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/comment-page-1/#comment-73783 Don MacPherson Fri, 09 Feb 2007 04:37:44 +0000 http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/#comment-73783 Dawn wrote: <I>I wonder how their practice of charging the fee for unshipped items would hold up in court?</I> It would probably hold up pretty well, since I believe Diamond requires retailers to sign a contract, including in which is the fee in question. I could be wrong. Any retailers out there who can verify/refute? Dawn wrote:
I wonder how their practice of charging the fee for unshipped items would hold up in court?

It would probably hold up pretty well, since I believe Diamond requires retailers to sign a contract, including in which is the fee in question.

I could be wrong. Any retailers out there who can verify/refute?

]]> By: Kevin Huxford http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/comment-page-1/#comment-73768 Kevin Huxford Fri, 09 Feb 2007 04:02:31 +0000 http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/#comment-73768 Yeah...that fee thing is ridiculous...it shouldn't be able to hold up. The business is closed. Fight it and let it effect the BUSINESS credit report while fighting it. Yeah…that fee thing is ridiculous…it shouldn’t be able to hold up. The business is closed. Fight it and let it effect the BUSINESS credit report while fighting it.

]]> By: Dawn http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/comment-page-1/#comment-73734 Dawn Fri, 09 Feb 2007 02:42:21 +0000 http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/#comment-73734 Bankruptcy has concequences. I wonder how their practice of charging the fee for unshipped items would hold up in court? Bankruptcy has concequences.

I wonder how their practice of charging the fee for unshipped items would hold up in court?

]]> By: The Ugly American http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/comment-page-1/#comment-73627 The Ugly American Thu, 08 Feb 2007 21:37:03 +0000 http://blog.newsarama.com/2007/02/08/how-to-close-a-comic-store/#comment-73627 Pay everything else then file the store for bankruptcy. Or did the laws change so you can't pull that trick? Pay everything else then file the store for bankruptcy. Or did the laws change so you can’t pull that trick?

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