General conditions of sale
ARTICLE 1 – GENERAL PROVISIONS
The sole proprietorship RXM is a sole proprietorship selling goods and services.
The contact details for the sole proprietorship are as follows:
- Address: 24 rue paul doumer 78510 Triel sur seine.
- Email: contact@retroxmania.com
The sole proprietorship RXM publishes and operates the website https://retroxmania.com/ which sells vintage game consoles online.
The website https://retroxmania.com/ is hosted by Shopify Inc., whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada.
These General Terms and Conditions of Sale aim to define the contractual relationship between the sole proprietorship RXM and the Buyer, as well as the conditions applicable to any purchase of Products made through the website https://retroxmania.com/
These Terms constitute a legally binding agreement between the Buyer and the sole proprietorship RXM , governing their access to and use of the RETROXMANIA website, including its subdomains and all other sites through which RETROXMANIA provides its Services.
As such, RETROXMANIA may contain links to third-party websites or resources that may be subject to different Terms and Conditions of Sale and personal data protection practices.
The way in which RETROXMANIA collects and uses personal data in connection with access to and use of the Site by the Client is described in these General Terms and Conditions.
ARTICLE 2 – DEFINITIONS
In these General Terms and Conditions of Sale, words or expressions beginning with a capital letter shall have the following meanings:
“CLIENTS”: refers to any professional, individual or consumer who places an order with RETROXMANIA.
“PRODUCT CODE”: refers, in the singular as in the plural, to the EAN code (barcode) or equivalent constituting the identifier of a Product.
"GENERAL TERMS AND CONDITIONS OF SALE": refers to this document, including its annexes.
"CONTENTS": refer, without limitation, to the structure, architecture of the Services, editorial content, texts, sections, drawings, illustrations, photos, images, sounds, videos, as well as any other content present on the Services and/or any other element comprising the Services.
" CONTRACT " : refers to the agreement reached between the Parties, with respect to the execution of the Contract by the Company for the benefit of the Client, after the latter's acceptance of these conditions and payment of his order, under the conditions defined below.
"PART(S)": refers individually to the Company or a Client and collectively to the Company and a Client.
" PRICE " : refers to the price offered by the Seller for their offer to sell a Product.
"TRANSACTION PRICE": refers to the total price of the Product payable by the Buyer, including, in addition to the selling price of the Product, the shipping costs defined on a flat-rate basis.
" SITE " : refers to the website owned and published by the sole proprietorship RXM : https://retroxmania.com/
"SOLE PROPRIETORSHIP": refers to the company, the sole proprietorship RXM .
" USER " : refers to any person who uses the Site or any of the Services offered on the Site or by the individual company.
ARTICLE 3 – PURPOSE
The purpose of these General Terms and Conditions of Sale is, in particular, to detail their scope of application and the conditions of their acceptance.
They describe the products offered for sale, the conditions under which Customers order said products, both with regard to payment methods, settlement and execution methods, as well as the respective rights and obligations of the Parties.
Purchasing a product through this Site implies unreserved acceptance by the buyer of these General Terms and Conditions of Sale, which the buyer acknowledges having read prior to placing their order.
The sole proprietorship RXM retains the right, at its sole discretion, to modify or replace, at any time, all or part of these General Terms and Conditions of Sale, in order to comply with any new regulations or for the purpose of improving the use of its Site.
It is the User's responsibility to visit the Site regularly to check for any changes.
Therefore, the applicable General Terms and Conditions of Sale will be those in effect on the date of the order by the buyer.
ARTICLE 4 – PRODUCTS
The products offered are those listed on the website https://retroxmania.com/ , subject to availability.
Each product is presented on the Site in the form of a description outlining its main technical characteristics (capacity, use, composition, etc.).
The product description corresponds to its actual characteristics.
RETROXMANIA mentions at a minimum: the name of the product, the essential characteristics of the Product, its condition, the Price of the Transaction and where applicable, the Product Code.
RETROXMANIA undertakes to carry out all validations, verifications and provide all necessary clarifications so that the description and elements of the offer are accurate and do not mislead the Buyer.
To ensure compliance with the aforementioned requirements, RETROXMANIA reserves the right to modify the product range at any time.
The sale of products presented on the website https://retroxmania.com/ is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
ARTICLE 5 – RATES
The products are supplied at the prices in effect on the day the order is placed by the Customer on the website https://retroxmania.com/.
These prices are fixed and non-revisable during their period of validity, as indicated by the Seller.
The prices shown on the product pages of the online catalogue are prices in Euros (€) inclusive of all taxes (TTC) taking into account the VAT applicable on the day of the order.
Any change in the VAT rate may be reflected in the price of the products.
The sole proprietorship RXM reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer.
The prices shown do not include delivery charges (unless otherwise specified), which are billed in addition to the price of the products purchased, based on the total order amount and the agreed geographical area. The prices shown also do not include any customs duties or insurance, which remain the responsibility of the Buyer.
ARTICLE 6 – ORDERS AND PAYMENT METHODS
Any order for Products offered on the Site implies the prior express and unreserved acceptance of these General Terms and Conditions of Sale by the Buyer, at the time of validation of his order, under the conditions and according to the terms set out in this Article.
By accepting these General Terms and Conditions of Sale, the Buyer:
- Declares that he has read and understood all of their provisions;
- Acknowledges that he has received the necessary advice and information to ensure that the Products offered by the Seller are suitable for his needs;
- Declares that he is legally able to contract under French law or to validly represent the natural person for whom he is acting.
Payments are made only via the payment methods indicated on the Site.
The sole proprietorship RXM offers the buyer the option to order and pay for their products in several stages, with a choice of payment options: Secure payment by credit card, or secure payment by Stripe.
The Buyer selects the products he/she wishes to order in the "basket", modifies it if necessary (quantities, references…), and enters the delivery address.
Then, the shipping costs are calculated and submitted to the Buyer, along with the name of the carrier (La Poste or Colis Privé).
The Buyer then chooses their preferred payment method: "Payment by Credit Card" or "Payment by STRIPE".
The next step asks him to check all the information, read and accept these General Terms and Conditions of Sale by ticking the corresponding box, then invites him to validate his order by clicking on the "Confirm my order" button.
The Buyer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance.
Finally, the buyer is redirected to the secure STRIPE interface to safely enter their personal credit card details.
Payment by bank card or STRIPE account is irrevocable.
In the event of fraudulent use of their bank card, the Buyer may demand cancellation of the card payment; the sums paid will then be credited back or refunded.
To obtain a refund of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must, in accordance with legal requirements, contest the debit in writing with his bank within 70 days of the transaction, or even 120 days if the contract binding him to it provides for it.
The bank will refund the debited amounts within a maximum of one month after receiving the cardholder's written dispute. The cardholder will not be charged any fees for the refund.
In the event that, for any reason whatsoever (opposition, refusal or other), the transmission of the flow of money owed by the Buyer proves impossible, the order will be cancelled and the sale not completed.
The Buyer acknowledges that his acceptance of the offer is made in consideration of the description of the Product subject to sale and that it constitutes a firm commitment to contract with the Seller under the conditions of the offer.
However, the sales contract is subject to the condition precedent that the ordered Product is available. Confirmation of Product availability by the Seller constitutes the removal of this condition precedent.
In the event of confirmation of the availability of the Product, the sales contract concluded between the Buyer and the Seller is automatically and immediately terminated and the obligations of each party are revoked by operation of law.
It is specified that in the event of a sales contract relating to several Products, only the sales contract relating to the unavailable Product will be terminated.
Confirmation of an order implies acceptance of these General Terms and Conditions of Sale, acknowledgment of having full knowledge thereof and waiver of any right to invoke one's own terms of purchase.
All data provided and the recorded confirmation will serve as proof of the transaction.
Upon receipt of a booking confirmation from RETROXMANIA, a legally binding agreement is established with the Buyer.
An invoice is issued by the Seller and given to the Buyer with each order.
The invoice shall state the name of the parties as well as their address and their billing address if different, the date of the sale or service, the quantity, the precise description, and the unit price excluding VAT of the products sold and services rendered as well as any price reduction acquired on the date of the sale or service and directly related to this sale or service transaction, excluding discounts not provided for on the invoice.
The website https://retroxmania.com/ uses an SSL encryption system to protect all sensitive data related to payment methods as effectively as possible.
The credit card information provided is encrypted using the SSL security protocol and stored with AES-256 encryption.
RETROXMANIA complies with PCI-DSS requirements and implements additional standards generally recognized by the industry.
The payment intermediaries STRIPES, used by RETROXMANIA, similarly employ rigorous encryption processes that guarantee a reliable security protocol. These processes are governed by the specific Terms and Conditions of these intermediaries.
ARTICLE 7 – DISCOUNTS AND REBATES
The prices offered to the Buyer include any discounts and rebates that the Seller may grant based on the number, at one time, or the regularity of orders placed.
ARTICLE 8 – RETENTION OF TITLE
The sole proprietorship RXM retains full and complete ownership of the products sold until full payment of the price, including principal, fees and taxes.
Notwithstanding the preceding paragraph, at the moment when the Buyer (or a third party designated by the Buyer) takes physical possession of the ordered products, the risks of loss or damage to the products are transferred to him/her.
ARTICLE 9 – DELIVERIES
The Products are delivered to the delivery address that the Buyer indicated during the ordering process, unless delivery restrictions are indicated on the order validation page by the customer.
Orders are processed by La Poste or Colis Privés, a delivery service with tracking and, where applicable, delivery without signature. Some products may also be dropped off at a parcel relay point or at a post office.
When the Buyer has ordered several products at the same time and these have different delivery times, the delivery time of the order is based on the longest delivery time.
The Buyer acknowledges having been informed that delivery times for the Products are provided for informational purposes only and may exceed the stated times in the event of holiday periods and/or exceptional weather and health conditions. Consequently, any reasonable delay in the delivery of the Products shall not entitle the Customer to cancel the Order.
The sole proprietorship RXM via the website https://retroxmania.com/ will be able to provide the Buyer with the tracking number for their package via email.
The Product is delivered to the buyer's home or to a collection point, depending on the choice made during the order validation process.
If the buyer is absent, they will receive a delivery notice from their postman, allowing them to collect the ordered products from the Post Office or the nearest relay point, within a period indicated by the postal services. If the Buyer has not collected their package within the allotted time, the Buyer cannot under any circumstances hold the Company liable to request a new delivery or a refund.
It is the Buyers' direct responsibility to check the perfect condition of the Products upon delivery. If not, they must directly and specifically/detailedly state their reservations on the carrier's delivery slip in the carrier's presence.
Buyers may also inform the individual company RXM , within 24 hours of receiving the Products, of any reservations related to the receipt of the Products.
The Company undertakes to provide the Buyer with all the documents necessary for the transport of the Product after its delivery, including documents necessary for customs clearance (in the event of delivery abroad).
The Buyer must ensure that the delivery address information for the Products is correct and remains so until full receipt of the ordered Product(s). The Buyer therefore undertakes to inform RXM of any changes to billing and/or delivery details that may occur between the Order and delivery by sending an email to RXM without delay . Otherwise, in the event of a delay and/or delivery error, the Buyer may not hold the Company liable for non-delivery, and RXM's Customer Service will contact the Buyer to arrange a second delivery at the Buyer's expense.
ARTICLE 10 – TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
10.1 – Transfer of Ownership
Ownership of the Products will only transfer to the Buyer after the Seller has received full payment of the price, regardless of the delivery date of said Products.
10.2 – Risk Transfer
The transfer of risk is independent of the transfer of ownership, regardless of the date of the order or delivery of the products.
The transfer to the Buyer of the risks of loss and damage to the products will only take place after delivery of the Product, when said Product is received by the Customer.
ARTICLE 11 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in these Conditions, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 12 – RIGHT OF WITHDRAWAL
12.1 – Statutory period for the right of withdrawal
In accordance with applicable legal provisions, the Buyer has a period of 14 days from receipt of his Products to exercise his right of withdrawal without having to justify reasons or pay any penalty.
After communicating his decision to exercise his right of withdrawal within this 14-day period, the Buyer has another 14-day period to return the product(s) concerned by the withdrawal.
12.2 Conditions for exercising the right of withdrawal
If the right of withdrawal is exercised within the period referred to in 12.1, only the price of the product(s) purchased and the shipping costs will be refunded, the return shipping costs remaining the responsibility of the Buyer.
Returns must be made in their original condition and complete and, if possible, accompanied by a copy of the purchase invoice for optimized processing.
A discount may be applied depending on the Buyer's use of the Product. Furthermore, the Buyer acknowledges having been informed that if the Product returned by the Buyer suffers irreparable damage and/or external and/or internal modifications, no refund for the Product will be issued by the sole proprietorship RXM .
To exercise their right of withdrawal, in accordance with legal provisions, the Buyer will find attached in Appendix 2 to these General Terms and Conditions of Sale, a standard withdrawal form to be sent by post to the following address: La console retro, 1 rue Pasteur, BP13, 62153 Souchez or by email to contact@retro-console-mania.com .
The Buyer expresses his intention to withdraw without any ambiguity and mentions the order concerned by this withdrawal.
Once the withdrawal form or declaration has been sent no later than 14 days after receipt of the order, the Buyer must return the product(s) concerned within a reasonable time and, at the latest, within 14 days from the sending of the withdrawal form or declaration.
To obtain an estimate of the return costs to be borne by him, the Buyer can visit the website of La Poste or Colis Privé "TARIFS PRATIQUES EN POINTS DE VENTE" (Post Offices and Colis Privé Agencies).
This estimate of return shipping costs is not binding on the sole proprietorship RXM . The price to be paid for returning the product may vary depending on the carrier chosen by the Buyer to return the product(s).
If the Customer is shipping an item worth more than €50, they are advised to use a delivery service that allows them to track the shipment or to purchase delivery insurance.
RETROXMANIA cannot guarantee the proper receipt of the item returned by the Buyer.
12.3 - Return address
RXM
24 Rue Paul Doumer
78510 Triel-sur-Seine
12.4 - Reimbursement
In the event of exercising the right of withdrawal, the sole proprietorship RXM will proceed with the reimbursement of the sums paid no later than 14 days from the date on which the Company is informed of the Buyer's decision to withdraw and using the same means of payment as that used for the order (unless the Buyer expressly agrees to a reimbursement using another means of payment).
This refund date may be deferred until the product is recovered or until the Buyer has provided proof of shipment of the product, whichever occurs first.
If a refund is not received within 14 days from the date on which the sole proprietorship is informed of the Buyer's decision to withdraw, RRETROXMANIA is liable to refund the sums due plus the legal rate if the delay in refund is less than 11 days, 5% if the delay is between 10 and 20 days, 10% if the delay is between 20 and 30 days, 20% if the delay is between 30 and 60 days, 50% if the delay is between 60 and 90 days.
The sole proprietorship RXM is not required to reimburse the Buyer for additional costs if the Buyer has expressly chosen a delivery method more expensive than the standard delivery method offered on https://retroxmania.com/ .
Reimbursement for purchases made with gift vouchers will be made exclusively in the form of gift vouchers for an amount identical to that paid in this form.
The benefits obtained when purchasing a product, particularly through a loyalty card, will be cancelled if the product is returned and a refund is issued for said product.
ARTICLE 13 – LEGAL GUARANTEES
All Products offered by the sole proprietorship RXM are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4 et seq. of the Consumer Code, and to the guarantee against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code.
Article L.217-4 of the Consumer Code states: "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision."
Article L.217-5 of the Consumer Code states: "To be compliant with the contract, the goods must:"
1° Be fit for the purpose for which similar goods are normally used and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- to present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted .
Article L.217-12 of the Consumer Code states: "The action resulting from a lack of conformity is time-barred two years from the delivery of the goods."
Article 1641 of the Civil Code provides "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1648 of the Civil Code, first paragraph, states: "The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect."
If a Buyer believes they have received a Product that they consider defective or non-compliant, they must:
- Indicate the defect or non-conformity on the delivery slip in the presence of the delivery person.
- Contact the sole proprietorship RXM within forty-eight (48) working hours of receiving the Order.
The Buyer shall be responsible for providing all necessary evidence to substantiate any apparent defects and/or anomalies observed. The Buyer shall allow RETROXMANIA every opportunity to inspect these defects or non-conformities and to remedy them if necessary. The Buyer shall refrain from taking any action himself or involving a third party for this purpose.
If the defects and/or anomalies are confirmed by the sole proprietorship RXM , the latter will then send the Buyer its instructions on how to proceed after having taken note of the claim thus formulated and, where appropriate, will proceed to replace the Product whose non-conformity or defect the sole proprietorship RXM has been led to note.
If an exchange of the Product is impossible, the sole proprietorship RXM will reimburse the Customer within fourteen (14) days of receiving the Product. The reimbursement will be made, at RXM 's discretion, by credit to the Buyer's bank account; the Buyer may choose an alternative reimbursement method.
ARTICLE 14 – INTELLECTUAL PROPERTY
The content of the website https://retroxmania.com/ , its name, its brand, its logo, its products are registered with the National Institute of Industrial Property (INPI) and constitute the property of the company, the sole proprietorship RXM .
They are protected by French and international laws relating to intellectual property.
Any reproduction, in whole or in part, adaptation, modification, or distribution of this content is strictly prohibited and may constitute an infringement of copyright.
It is prohibited to use, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the website https://retroxmania.com/.
In addition, the sole proprietorship RXM retains ownership of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., produced for the purpose of providing Services to buyers.
The user of the website https://retroxmania.com/ is therefore prohibited from any representation or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Company which may make it conditional upon a financial consideration.
ARTICLE 15 - PERSONAL DATA
In accordance with the law of 6 January 1978 relating to information technology, files and freedoms and the European regulation on the protection of personal data (GDPR), the Buyer is informed that certain mandatory information is requested in order to allow the sole proprietorship RXM to process and execute its orders placed and, where applicable, to manage the operation of the customer area.
The sole proprietorship RXM collects personal data only in compliance with the terms herein and any lawful and reasonable instruction given by the Buyer.
The sole proprietorship RXM will implement all necessary technical and organizational measures to ensure compliance with personal data protection regulations. RXM is committed to limiting the amount of personal data processed from the outset.
When the sole proprietorship RXM notices a violation of rights in the context of the processing of personal data, this violation will be notified to the CNIL within a period not exceeding seventy-two (72) hours.
Any breach relating to the processing of personal data will be notified to the person concerned by email within one (1) month.
Each party shall take appropriate technical and organisational measures to combat unauthorized or unlawful processing of personal data or its accidental loss, destruction or damage.
The personal data provided will be destroyed no later than six (6) months after delivery of the Products. The sole proprietorship RXM reserves the right to retain certain data in order to demonstrate, where applicable, the proper performance of its contractual or legal obligations.
Rights of access, modification, objection, portability and deletion
In all cases, any person concerned has a right of access, modification, objection, portability and deletion of personal data concerning him/her by writing to the sole proprietorship RXM indicating his/her name, first name, email and address.
In accordance with current regulations, all requests must be signed and accompanied by a photocopy of an identity document bearing the signature of the person concerned. The person concerned will be able to retrieve their personal data in an open and readable format. The right to data portability is limited to the data provided.
It is applied on the basis of prior consent. The sole proprietorship RXM undertakes to transfer, upon request, within one (1) month, any document containing personal data to the data subject in order to implement the right to data portability. The costs associated with data retrieval are borne by the data subject.
ARTICLE 16 - COOKIES AND STATISTICAL TOOLS
In accordance with CNIL deliberation no. 2013-378 of December 5, 2013, the sole proprietorship RXM also informs Buyers that cookies record certain information that is stored on their hard drive. This information is used to generate website traffic statistics and to suggest Products based on the Products they have already selected during their previous visits. A banner message asks each person visiting the site beforehand if they wish to accept cookies. These cookies do not contain any confidential information about website users.
The Buyer visiting the homepage or any other page of the site directly from a search engine will be informed:
- the specific purposes of the cookies used;
- the possibility of objecting to these cookies and changing the settings by clicking on a link in the banner;
- and that continuing to browse constitutes agreement to the placement of cookies on their device.
To guarantee the free, informed and unambiguous consent of the Buyer visiting the site, the banner will not disappear until they have continued browsing.
Unless the Buyer has given prior consent, cookies will not be placed or read:
- if any person visits the site (home page or directly to another page of the Site from a search engine for example) and does not continue browsing: a simple absence of action cannot in fact be considered as an expression of will;
- or if he clicks on the link in the banner allowing him to configure cookies and, if applicable, refuses the placement of cookies.
ARTICLE 17 – PROHIBITED USES
In addition to the prohibitions set forth in these General Terms and Conditions of Sale, the User is prohibited from using the site or its content:
(a) for illegal purposes;
(b) to induce third parties to carry out or participate in illegal acts;
(c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation;
(d) to infringe or violate the intellectual property rights of RETROXMANIA or those of third parties;
(e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnic origin, race, age, national origin or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any other associated, independent website, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, hijack a domain, extort information, crawl, scrape or scan the web (or any other resource);
(j) for obscene or immoral purposes
(k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. RETROXMANIA reserves the right to prevent a User from accessing the Service or any related website when it is determined that the User has violated these Terms and Conditions.
ARTICLE 18 – HYPERLINKS
Hyperlinks may be present on the site.
The user is informed that by clicking on these links, they will leave the site https://retroxmania.com/.
RETROXMANIA accepts no responsibility for the content, advertisements, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
RETROXMANIA is also not responsible for transactions between a User and any advertiser, professional or merchant to whom the User may be directed through the Site and cannot under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which the latter may be bound.
The User is required to carefully read the policies and practices of third parties and ensure that they fully understand them before engaging in any transaction.
Complaints, claims and/or questions regarding the products of these third parties must be submitted to those same third parties.
ARTICLE 19 – LIABILITY
RETROXMANIA is committed to providing its Services diligently and in accordance with best practices.
RETROXMANIA is committed to regularly carrying out checks to verify the operation and accessibility of the Site.
As such, RETROXMANIA reserves the right to temporarily interrupt access to the Site for maintenance reasons.
Similarly, RETROXMANIA cannot be held responsible for temporary difficulties or impossibilities in accessing the Site which may originate from circumstances beyond its control, force majeure or which may be due to disruptions in telecommunications networks, Users were informed of the complexity of global networks and the influx of users of these networks at certain times.
The products offered comply with current French legislation. The sole proprietorship RXM cannot be held liable for non-compliance with the legislation of the country where the product is delivered.
It is the Client's responsibility to check with local authorities regarding the possibilities of importing or using the products or services they intend to order.
The Services are provided by RETROXMANIA as is and without warranty of any kind, express or implied.
RETROXMANIA does not guarantee to Users (i) that the services, which are subject to constant research to improve their ergonomics and operation, will be totally free from errors, defects or flaws, (ii) that the Services, being essentially standardized, will specifically meet the needs and expectations of the User.
To the extent permitted by applicable law, the Client releases the sole proprietorship RXM from any liability for any claim, liability, damage and loss arising out of or in any way related to (1) the Client’s failure to comply with these Terms or (2) the Client’s violation of any law, regulation or third-party right.
In such cases, RETROXMANIA, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort, strict liability, or otherwise, arising out of the use of the Service or any product(s) obtained through the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to any errors or omissions in any content or any loss or damage arising out of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if the User has been advised of the possibility that they occur.
ARTICLE 20 - APPLICABLE LAW – DISPUTES – COMPLAINT HANDLING – MEDIATION
This contract is governed by French law. The language of this contract is French.
All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved between the Seller and the Buyer, shall be submitted to the French courts, which shall have sole jurisdiction.
Customer complaints should be made to the Company's customer service department.
Customer service can be reached at:
- By email at contact@retro-console-mania.com , from Monday to Friday between 8am and 10pm.
After submitting a complaint to RETROXMANIA and in the event of impossibility of finding an amicable agreement, the consumer Client is duly informed that he has the right to resort to mediation in accordance with the provisions of Article L.612-1 of the Consumer Code.
The Buyer may use the mediation service for consumer disputes related to an order placed with the Site.
Whichever Party wishes to resort to mediation, it must first inform the other Party by means of a registered letter with acknowledgment of receipt, specifying the reasons for the dispute.
After consumers have first contacted RETROXMANIA in writing, the Ombudsman's Office may be contacted for any unresolved consumer dispute. RETROXMANIA is currently in the process of joining FEVAD (the French Federation of E-commerce and Distance Selling) to offer a digital mediation service to consumers. The procedures and contact details will be included in these Terms and Conditions as soon as possible. Pending the signing of the contract, consumers may initiate proceedings via the European Online Dispute Resolution platform.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent, out-of-court resolution of online disputes between consumers and businesses in the European Union. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/ .
ARTICLE 21 – REMARKS
Article 21.1 – General Remarks
Users are invited and encouraged to share their remarks, comments and suggestions to improve the Site https://retroxmania.com/ and its general ergonomics, by email or in the "Contact" section or by any other means of communication.
If, at the request of RETROXMANIA, the User submits specific content (for example, to participate in contests) or if, without a request from the Site, the User sends creative ideas, suggestions, proposals, plans or other elements, whether online, by email, by post or any other means, the User grants RETRO CONSOLE MANIA at all times and without restriction the right to edit, copy, publish, distribute, translate and otherwise use said creative ideas, suggestions, proposals in any media.
RETROXMANIA is not, in particular, required to (1) maintain the confidentiality of these (2) pay compensation to anyone for said creative ideas, suggestions, proposals (3) respond to them.
RETROXMANIA reserves the right, at its discretion, to monitor, modify or remove content deemed illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable or which infringes any intellectual property or these General Terms and Conditions of Sale.
Users agree to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, publicity, or other personal or proprietary rights.
They also agree that their comments will not contain illegal, defamatory, offensive or obscene content and that they will not contain computer viruses or other malicious software that could in any way affect the operation of the Service or any other associated website.
Users are fully responsible for the comments they post and their accuracy. RETROXMANIA assumes no responsibility and disclaims all liability for any comments posted by users or any other third party.
Article 21.2 – Provisions relating to included purchases
The Site includes in-app purchases (game files) which are not included in the fees for services offered by RETROXMANIA.
RETROXMANIA's purpose is limited to invoicing for the supply of hardware and the configuration of services for the products offered. By opting for the services provided on the Site, the Customer declares that they own the original games and will only download available games for personal research purposes or to compensate for wear and tear on the original games.
By accepting these general terms and conditions of sale, the Buyer agrees and consents to the sole proprietorship RXM downloading, installing and configuring the Product for all available game files, for the purpose of research or saving game wear prevention.
Once the search activity is complete, the Buyer agrees to delete all downloaded files.
The Customer assumes full responsibility for any commercial use they make of the products sold on the Site. Furthermore, the Customer is also responsible for their use of game files if they do not own them.
RETROXMANIA cannot be held responsible for any use of game files outside the legal framework mentioned above.
The lists of systems and games mentioned on this website are for informational purposes only and are neither contractual nor definitive. These lists are subject to change regularly without prior notice to the buyer. Lists of systems and games are not eligible for refunds under the legal guarantee of conformity.
ARTICLE 22 – GENERAL PROVISIONS
These General Terms and Conditions of Sale, together with any additional terms or rules that supplement them, constitute the entire Agreement between RETROXMANIA and the User and supersede all agreements concerning access to and use of the Platform.
These Terms do not confer and are not intended to confer any rights or remedies on any person other than the parties.
If any clause of these Terms is declared invalid, void or unenforceable, said clause shall be cancelled without its cancellation affecting the validity and enforceability of the remaining clauses, which shall be considered severable.
The fact that the sole proprietorship RXM does not require compliance with a right recognized by these Terms or a clause of these Terms shall not constitute a waiver of that right or clause, unless it expressly acknowledges and accepts it in writing.
The exercise by either party of any remedy available to it under these Terms shall be without prejudice to any other remedies available to it under these Terms or the law.
ARTICLE 23 – BLOCTEL SYSTEM
For more information and details on the processing of your personal data by RETROXMANIA, and in particular on the retention periods of your data, please refer to the "Privacy Policy" page.
You can exercise all the rights you have under Law No. 78-17 of 6 January 1978 known as
"Data Protection" (access, rectification, erasure of data, restriction of processing of this data, objection to the use of this data, data portability, instructions regarding the fate of this data after your death) by mail to the address mentioned above or by email to contact@retro-console-mania.com . In accordance with Articles L.223-1 et seq. of the French Consumer Code, if you no longer wish to be contacted by telephone on the number provided to RETROXMANIA, you can register this telephone number at any time on the national opt-out list for telemarketing via the internet at www.bloctel.gouv.fr.
APPENDICES
Appendix 1
Article L. 217-4 Consumer Code
"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery."
He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision.
Article L. 217-5 Consumer Code
"The property conforms to the contract:"
If it is fit for the purpose for which similar goods are normally used and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and accepted by the seller."
Article L217-12 Consumer Code
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods."
Article L. 217-16 Consumer Code
"When the buyer requests the seller, during the course of the commercial warranty granted to him upon the acquisition or repair of a movable good, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the date of the buyer's request for intervention or the date the good in question is made available for repair, if this latter date is later than the request for intervention."
Article 1641 of the Civil Code
"The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1648, paragraph 1 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."
Appendix 2 – Withdrawal Form
Please complete and return this form only if you wish to withdraw from your order placed on https://retroxmania.com/ (products sold and shipped by RETROXMANIA – except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of the sole proprietorship RXM.
I hereby notify you of my withdrawal from the contract for the sale of the property described below:
Ordered on …………………………………….. / Received on ……………………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of consumer(s): ………………………………………………………………..
Consumer address(es): ………………………………………………………………..
Signature of the consumer(s) (only if this form is submitted on paper):
Date : ………………………………………………………………..
Clause relating to the use of ROMs (game files)
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Nature of services provided
Our products include hardware configured to allow the use of game files (ROMs). The user acknowledges that these files are included for demonstration or backup purposes only and declares that they have the necessary legal rights to use these files. -
User responsibility
By using our products, the user agrees to assume full responsibility for the use of the game files. The user agrees to:- Own the original copies of the corresponding games before using the pre-installed ROMs.
- Use ROMs only for personal purposes , in accordance with the intellectual property laws applicable in your country.
- Delete any file that does not comply with current legislation or if there is any doubt about the legality of its use.
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Limitation of liability
We accept no responsibility for any copyright infringement by the user. This includes, but is not limited to, downloading, installing, or using game files that do not comply with applicable laws.
The user acknowledges that the inclusion of game files in our products does not imply any guarantee of legal compliance and agrees to assume full responsibility for their use. -
Respect for copyright
The user is advised that many game files (ROMs) remain protected by copyright, and that their use without explicit permission from the rights holders may constitute a legal infringement. The user agrees to verify the legality of each file used before any use. -
Obligation to remove in case of non-compliance
If the user cannot prove legal ownership of the games in question, they agree to immediately delete the game files installed on the console. Any unauthorized use is their sole responsibility. -
Warranty exclusion on included files
The game files included in our products are provided "as is" and for experimental purposes. We offer no guarantees regarding their use, legality, or copyright compliance.