General conditions of sale
ARTICLE 1 – GENERAL PROVISIONS
The individual company LRDS is an individual company selling goods and services. (hereinafter referred to as “LRDS” or “RETROXMANIA” )
The contact details of the individual company are as follows:
- Address: 24 Rue de Vernouillet, Medan 78670.
- Email: contact@retroxmania.com
The individual company LRDS publishes and operates the Site https://retroxmania.com/ which sells vintage game consoles on the internet.
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 Conditions of Sale aim to define the contractual relations between the individual company LRDS 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 LRDS and govern the Buyer's 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 which may be subject to different General Conditions of Sale and personal data protection practices.
The manner in which RETROXMANIA collects and uses personal data in connection with access to the Site and the Customer's use of the Site is described in these General Conditions.
ARTICLE 2 – DEFINITIONS
In these General Conditions of Sale, words or expressions beginning with a capital letter shall have the following meaning:
“CUSTOMERS”: means any professional, individual or consumer who places an order with RETROXMANIA.
“PRODUCT CODE”: means, in the singular and plural, the EAN code (barcode) or equivalent constituting the identifier of a Product.
“GENERAL CONDITIONS OF SALE”: means this document, including its annexes.
“CONTENTS”: designate, without this list being limiting, 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 making up the Services.
" CONTRACT " : means the agreement reached between the Parties, with regard 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 its order, under the conditions defined below.
“PART(S)”: means individually the Company or a Client and collectively the Company and a Client.
" PRICE " : means the price offered by the Seller for its offer to sell a Product.
“TRANSACTION PRICE”: means the total price of the Product payable by the Buyer, including, in addition to the Sale Price of the Product, the shipping costs defined as a fixed amount.
" SITE " : refers to the website owned and published by the individual company LRDS https://retroxmania.com/
“INDIVIDUAL ENTERPRISE”: designates the company, the individual LRDS company.
" USER " : means 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 Conditions of Sale is in particular to detail their scope of application as well as the conditions of their acceptance.
They describe the products offered for sale, the conditions under which Customers order said products, both in terms of payment and settlement methods and execution methods, as well as the respective rights and obligations of the Parties.
The acquisition of a product through this Site implies unreserved acceptance by the buyer of these General Conditions of Sale, which the buyer acknowledges having read prior to placing his order.
The individual company LRDS reserves the right, at its sole discretion, to modify or replace, at any time, all or part of these General 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 whether any changes have been made.
Therefore, the applicable General Conditions of Sale will be those in force on the date of the order by the buyer.
ARTICLE 4 – PRODUCTS
The products offered are those which appear on the site https://retroxmania.com/ , within the limits of available stocks.
Each product is presented on the Site in the form of a description including its main technical characteristics (capacity, use, composition, etc.).
The description of the Product corresponds to its actual characteristics.
RETROXMANIA mentions at least: the name of the product, the essential characteristics of the Product, its condition of use, the Price of the Transaction and, where applicable, the Product Code.
RETROXMANIA undertakes to carry out all validations, verifications and provide all necessary details so that the description and elements of the offer are accurate and do not mislead the Buyer.
To ensure the above requirements, RETROXMANIA reserves the right to modify the product assortment at any time.
The sale of the products presented on the site https://retroxmania.com/ is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
ARTICLE 5 – PRICES
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 firm and not subject to revision during their period of validity, as indicated by the Seller.
The prices appearing on the product sheets in the online catalog are prices in Euros (€) including 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 individual company LRDS reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include delivery charges (except where specified), which are charged in addition to the price of the products purchased depending on the total amount of the order and the agreed geographical area. The prices indicated also do not take into account any customs fees and 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 Conditions of Sale by the Buyer, at the time of validation of his order, under the conditions and following the terms set out in this Article.
By accepting these General Conditions of Sale, the Buyer:
- Declares having read all of their provisions;
- Acknowledges that he has received the necessary advice and information to ensure the suitability of the Products offered by the Seller for his needs;
- Declares that he is able to legally contract under French law or validly represent the natural person for whom he is making a commitment.
Payments are made only using the payment methods indicated on the Site.
The individual company LRDS offers the buyer the option of ordering and paying for their products in several stages, with a payment option of their choice: secure payment by credit card, or secure payment by STRIPE.
The Buyer selects the products he wishes to order in the “basket”, modifies it if necessary (quantities, references, etc.), and enters the delivery address.
Then, the shipping costs are calculated and submitted to the Buyer, as well as the name of the carrier (La Poste or Colis Privé).
The Buyer then chooses the payment method of their choice: “Payment by Bank Card” or “Payment by STRIPE”.
The next step is to check all the information, read and accept these General Terms and Conditions of Sale by checking the corresponding box, and then invite you to confirm your order by clicking on the “Confirm my order” button.
The Buyer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance.
Finally, the buyer is redirected to the secure STRIPE interface to securely enter their personal credit card details.
Payment by bank card or STRIPE account is irrevocable.
In the event of fraudulent use of his bank card, the Buyer may demand cancellation of the card payment, the sums paid will then be re-credited or returned.
To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in accordance with legal requirements, the direct debit in writing with their bank, within 70 days of the transaction, or even 120 days if the contract binding them to it so provides.
The amounts withdrawn will be reimbursed by the bank within a maximum of one month after receipt of the written objection filed by the holder. No fees for the restitution of the sums may be charged to the holder.
In the event that, for whatever reason (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 will not be 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 concluded under the condition precedent that the ordered Product is available. Confirmation of the availability of the Product by the Seller results in the lifting of the 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 automatically revoked.
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 entails acceptance of these General Conditions of Sale, recognition of having full knowledge of them and waiver of the right to invoke one's own conditions of purchase.
All data provided and the recorded confirmation will constitute proof of the transaction.
Upon receipt of a booking confirmation from RETROXMANIA, a legally binding agreement is established with the Buyer.
An invoice is drawn up by the Seller and given to the Buyer with each order.
The invoice states the name of the parties as well as their address and their billing address if different, the date of the sale or provision of service, the quantity, the precise name, 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 provision of services and directly linked to this sale or provision of services, excluding discounts not provided for on the invoice.
The site https://retroxmania.com/ is subject to a security system using SSL encryption in order to protect all sensitive data relating to payment methods as effectively as possible.
Credit card information submitted is encrypted using SSL security protocol and stored with AES-256 encryption.
RETROXMANIA complies with PCI-DSS requirements and implements additional generally accepted industry standards.
The STRIPES payment intermediaries used by RETROXMANIA similarly have stringent encryption processes that guarantee a reliable security protocol. These processes are governed by the General Terms and Conditions specific to these intermediaries.
ARTICLE 7 – DISCOUNTS AND REBATES
The prices offered to the Buyer include the discounts and rebates that the Seller may grant depending on the number, at one time, or the regularity of the orders placed.
ARTICLE 8 – RESERVATION OF OWNERSHIP
The individual company LRDS retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
Notwithstanding the preceding paragraph, at the time when the Buyer (or a third party designated by the Buyer) takes physical possession of the products ordered, the risks of loss or damage to the products are transferred to the Buyer.
ARTICLE 9 – DELIVERIES
The Products are delivered to the delivery address indicated by the Buyer during the ordering process, except for delivery restrictions 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 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 most distant time.
The Buyer acknowledges having been informed that the delivery times of the Products are given for information purposes only and may exceed the times indicated in the event of holiday periods and/or exceptional climatic and health conditions. Consequently, any reasonable delay in the delivery of the Products may not give rise to the cancellation of the Order by the Customer.
The individual company LRDS via the site https://retroxmania.com/ may provide the Buyer with the tracking number of their package by email.
The Product is delivered to the buyer's home or to a relay point, depending on the choice made during the order validation process.
If the buyer is absent, he will receive a delivery notice from his postman, which will allow him to collect the ordered products from the nearest post office or relay point, within a period indicated by the postal services. If the Buyer has not collected his package within the given time frame, the Buyer may under no circumstances hold the Company liable for requesting a new delivery or a refund.
It is the Buyers' direct responsibility to check, upon delivery, that the Products are in perfect condition. Otherwise, they must directly make their express and precise/detailed reservations on the carrier's delivery slip and in the latter's presence.
Buyers may also inform the individual company LRDS , within 24 hours of receipt of the Products, of reservations relating to the receipt of the Products.
The Company undertakes to provide the Buyer with all documents necessary for the transport of the Product following its delivery, in particular documents necessary for customs clearance (in the event of delivery abroad).
The Buyer must ensure that the information relating to the delivery address of the Products is correct, and that it remains so until complete receipt of the Product(s) ordered. The Buyer therefore undertakes to inform the individual company LRDS of any change in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an e-mail to the individual company LRDS . Failing this, in the event of a delay and/or error in delivery, the Buyer may under no circumstances hold the Company liable in the event of non-delivery, and the Customer Service of the individual company LRDS will contact the Buyer for a second delivery at the Buyer's expense.
ARTICLE 10 – TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
10.1 – Transfer of ownership
The transfer of ownership of the Products to the Buyer will only take place after full payment of the price by the Seller, regardless of the date of delivery of said Products.
10.2 – Transfer of risks
The transfer of risks 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 deterioration of 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, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 12 – RIGHT OF WITHDRAWAL
12.1 – Legal period for the right of withdrawal
In accordance with the legal provisions in force, the Buyer has a period of 14 days from receipt of their Products to exercise their right of withdrawal without having to provide reasons or pay a penalty.
After communicating his decision to exercise his right of withdrawal within this 14-day period, the Buyer has a further 14 days to return the product(s) concerned by the withdrawal.
12.2 Conditions for exercising the right of withdrawal
In the event of exercising the right of withdrawal within the period referred to in 12.1, only the price of the product(s) purchased and the shipping costs will be refunded, with the return 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 management.
A discount may be applied depending on the use made of the Product by the Buyer. The Buyer also acknowledges having been informed that in the event that the Product returned by the Buyer suffers irreparable damage and/or external and/or internal modifications, no refund of the Product may be made by the individual company LRDS .
To exercise his right of withdrawal, in accordance with legal provisions, the Buyer will find attached in Appendix 2 of these General 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 e-mail contact@retro-console-mania.com .
The Buyer expresses his wish to withdraw without any ambiguity and mentions the order concerned by this withdrawal.
Once the form or declaration of withdrawal has been sent at the latest within 14 days of receiving the order, the Buyer must return the product(s) concerned within a reasonable time and, at the latest, within 14 days of sending the form or declaration of withdrawal.
To obtain an estimate of the return costs to be paid by the Buyer, the Buyer can go to the La Poste or Colis Privé website “PRACTICAL RATES AT POINTS OF SALE” (Post Offices and Colis Privé Agencies).
This return cost estimate does not bind the individual company LRDS . The price to be paid for returning the product may vary depending on the carrier that the Buyer chooses 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 correct receipt of the item returned by the Buyer.
12.3 - Return address
RETROXMANIA
24 Rue de Vernouillet
78670 Medan
12.4 - Reimbursement
In the event of exercising the right of withdrawal, the individual company LRDS will reimburse 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 reimbursement using another means of payment).
This reimbursement date may be deferred until recovery of the product or until the Buyer has provided proof of shipment of the product, the date retained being that of the first of these facts.
In the absence of a refund after 14 days from the date on which the individual company is informed of the Buyer's decision to withdraw, RRETROXMANIA is liable to reimburse the sums due increased by the legal rate if the delay in reimbursement is less than 11 days, by 5% if the delay is between 10 and 20 days, by 10% if the delay is between 20 and 30 days, by 20% if the delay is between 30 and 60 days, by 50% if the delay is between 60 and 90 days.
The individual company LRDS is not required to reimburse the Buyer for additional costs if the latter has expressly chosen a more expensive delivery method than the standard delivery method offered on https://retroxmania.com/ .
Reimbursement of 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, in particular through a loyalty card, will be cancelled if the product is returned and a refund is given for the product.
ARTICLE 13 – LEGAL GUARANTEES
All Products offered by the individual company LRDS 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 of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code.
Article L.217-4 of the Consumer Code provides: "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 this has been made his responsibility by the contract or has been carried out under his responsibility."
Article L.217-5 of the Consumer Code provides: “To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use 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 provides: “The action resulting from a lack of conformity is prescribed after two years from the delivery of the goods.”
Article 1641 of the Civil Code provides : "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 of the Civil Code, first paragraph, provides: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
If a Buyer believes that he has received a Product that he considers to be defective or non-compliant, he must:
- Indicate the defect or non-conformity on the delivery slip in the presence of the delivery person.
- Contact the individual company LRDS , within forty-eight (48) working hours of receipt of the Order.
It will be the Buyer's responsibility to provide all justification for the designation of apparent defects and/or anomalies noted. The Buyer must give RETROXMANIA every facility to identify these defects or non-conformities and to remedy them if necessary. The Buyer will refrain from intervening itself or involving a third party for this purpose.
If the defects and/or anomalies are confirmed by the individual company LRDS , the latter will then send the Buyer its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed to the replacement of the Product for which the individual company LRDS would have been led to note the lack of conformity, or the defect.
In the event that the exchange of the Product is not possible, the individual company LRDS will be required to reimburse the Customer within fourteen (14) days following receipt of the Product. The reimbursement will be made at the proposal of the individual company LRDS by crediting the Buyer's bank account, the latter being able to opt for a different reimbursement method than the one proposed.
ARTICLE 14 – INTELLECTUAL PROPERTY
The content of the website https://retroxmania.com/ its name, brand, logo, and products are registered with the National Institute of Industrial Property (INPI) and constitute the property of the individual company LRDS .
They are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content, adaptation, modification, distribution is strictly prohibited and may constitute an offense of counterfeiting.
You may not use, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the https://retroxmania.com/ website.
In addition, the individual company LRDS remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced for the purpose of providing the Services to buyers.
The user of the site https://retroxmania.com/ therefore prohibits 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 on financial compensation.
ARTICLE 15 - PERSONAL DATA
In accordance with the law of January 6, 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 individual company LRDS to process and execute its past orders and, where applicable, to manage the operation of the customer area.
The individual company LRDS collects personal data only in accordance with the terms hereof and any legal and reasonable instructions given by the Buyer.
The LRDS sole proprietorship will implement all technical and organizational measures necessary to ensure compliance with the protection of personal data. The LRDS sole proprietorship undertakes to limit the amount of personal data processed from the outset.
When the individual LRDS company notes 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 violation relating to the processing of personal data will be notified to the person concerned by e-mail, within one (1) month.
Each party shall take appropriate technical and organizational measures to combat unauthorized or unlawful processing of personal data or their accidental loss, destruction or damage.
The personal data communicated will be destroyed no later than six (6) months after delivery of the Products. The individual company LRDS reserves the right to retain certain data in order to justify, where applicable, the perfect execution of its contractual or legal obligations.
Rights of access, modification, opposition, portability and deletion
In all cases, any person concerned has the right to access, modify, oppose, transfer and delete personal data concerning them by writing to the individual company LRDS, indicating their surname, 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 portability is limited to the data provided.
It applies on the basis of prior consent. The individual company LRDS undertakes to transfer, upon request, within one (1) month, any document collecting personal data to the person concerned in order to be able to implement the right to portability. The costs related to data recovery are the responsibility of the person concerned.
ARTICLE 16 - COOKIES AND STATISTICAL TOOLS
In accordance with CNIL deliberation no. 2013-378 of December 5, 2013, the individual company LRDS also informs Buyers that cookies record certain information that is stored in the memory of their hard drive. This information is used to generate audience statistics for the site and to offer Products based on the Products they have already selected during their previous visits. An alert message, in the form of a banner, asks each person visiting the site, in advance, if they wish to accept cookies. These cookies do not contain confidential information concerning users of the site.
The Buyer going to the home page or another page of the site directly from a search engine will be informed:
- the specific purposes of the cookies used;
- the possibility of opposing these cookies and changing the settings by clicking on a link in the banner;
- and the fact that continuing to browse implies agreement to the storage of cookies on your device.
To ensure the free, informed and unequivocal consent of the Buyer visiting the site, the banner will not disappear until the Buyer has continued browsing.
Unless prior consent is obtained from the Buyer, cookies will not be deposited 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 an expression of will;
- or if he clicks on the link in the banner allowing him to configure cookies and, if necessary, refuses the deposit of cookies.
ARTICLE 17 – PROHIBITED USES
In addition to the prohibitions set out in these General Conditions of Sale, the User is prohibited from using the site or its content:
(a) for unlawful purposes;
(b) to induce others to perform or participate in any unlawful 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, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, 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 of any related, independent website, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pretext, spider, crawl, or scrape;
(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 other related website if it is determined that the User has violated these Terms and Conditions.
ARTICLE 18 – HYPERTEXT LINKS
Hypertext links may be present on the site.
The user is informed that by clicking on these links, he will leave the site https://retroxmania.com/.
RETROXMANIA assumes no responsibility for the content, advertising, products and/or services available on such third-party sites 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 is directed via the Site and may not under any circumstances be a party to any possible disputes with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and any other obligations to which they may be bound.
The User is responsible for carefully reading the policies and practices of third parties and ensuring that they understand them before engaging in any transaction.
Complaints, claims and/or questions regarding the products of these third parties should be submitted to these same third parties.
ARTICLE 19 – LIABILITY
RETROXMANIA undertakes to provide its Services diligently and in accordance with best practice.
RETROXMANIA undertakes to carry out regular 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.
Likewise, RETROXMANIA cannot be held responsible for temporary difficulties or impossibilities of 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, at certain times, of their users.
The products offered comply with current French legislation. LRDS, the sole proprietorship, cannot be held liable for failure to comply with the legislation of the country where the product is delivered.
It is the Customer's responsibility to check with local authorities the possibilities of importing or using the products or services you plan 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, subject to constant research to improve their ergonomics and operation, will be totally free from errors, defects or faults, (ii) that the Services, being essentially standardized, will specifically meet the needs and expectations of the User.
To the extent permitted by applicable law, Customer releases LRDS sole proprietorship from any and all claims, liabilities, damages and losses that arise from or are in any way related to (1) Customer's failure to comply with these Terms or (2) Customer's violation of any law, regulation or third-party right.
In such case, RETROXMANIA, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall in no case be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Service or any product(s) from this 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 from the use of the Service or any content (or product) published, transmitted, or otherwise made available via the Service, even if the User has been advised of the possibility that they occur.
ARTICLE 20 - APPLICABLE LAW – DISPUTES – PROCESSING OF CLAIMS – MEDIATION
This contract is subject to French law. The language of this contract is French.
All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale may give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Seller and the Buyer will 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:
- By email to contact@retro-console-mania.com , Monday to Friday between 8 a.m. and 10 p.m.
After having sent a complaint request to RETROXMANIA and in the event of an amicable agreement being impossible to reach, the Consumer Customer is duly informed that he is entitled 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 relating to an order placed on the Site.
Whichever Party wishes to resort to mediation, it must first inform the other Party by registered letter with acknowledgment of receipt, specifying the reasons for the dispute.
After prior written action by consumers towards RETROXMANIA, the Mediator Service may be contacted for any consumer dispute that has not been resolved. RETROXMANIA is in the process of joining FEVAD in order to offer a digital mediation service to consumers, the processes and contact details of which will be included in these General Terms and Conditions as soon as possible. Pending contractualization, the consumer can initiate the process via the European Online Dispute Resolution platform.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/ .
ARTICLE 21 – REMARKS
Article 21.1 – General Remarks
The User is invited and encouraged to share his/her remarks, comments and suggestions for the purpose of improving the Site https://retroxmania.com/ and its general ergonomics, by e-mail 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 competitions) or if without a request from the Site, the User sends creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by post or any other means, the latter grants RETRO CONSOLE MANIA at any time and without restriction the right to edit, copy, publish, distribute, translate and otherwise use and in any media said creative ideas, suggestions, proposals.
RETROXMANIA is, in particular, not 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 sole discretion, to monitor, edit or remove content deemed unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable or that violates any intellectual property or these Terms and Conditions of Sale.
Users agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
They also undertake that their comments will not contain illegal, defamatory, offensive or obscene content and that they will not contain computer viruses or other malware that could in any way affect the operation of the Service or any other associated website.
Users are fully responsible for the comments posted and their accuracy. RETROXMANIA assumes no responsibility and declines all liability for any comments posted by Users or any third party.
Article 21.2 – Provisions relating to purchases included
The Site includes included purchases (game files) which are not included in the fees for the services offered by RETROXMANIA.
The purpose of RETROXMANIA is limited to invoicing for the supply of hardware and configuration of the services of the products offered. By opting for the services provided on the Site, the Customer declares that they own the original games and only download the available games for personal research purposes or to overcome wear and tear problems of the original games.
By accepting these general conditions of sale, the Buyer accepts and gives his consent for the individual company LRDS to download, install and configure the Product for all available game files, for research purposes or to prevent backup wear.
Once the search activity is completed, the Buyer agrees to delete all downloaded files.
The Customer assumes full responsibility for any commercial use he may make of the products sold on the Site. Furthermore, the Customer is also responsible for his use of the game files in the event that he does 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 the site are for informational purposes only and are neither contractual nor definitive. The lists are subject to regular changes without any obligation to notify the buyer. The lists of systems and games cannot be subject to a refund request under the legal guarantee of conformity.
ARTICLE 22 – GENERAL PROVISIONS
These General Conditions of Sale, as well as any additional conditions or rules that supplement them, constitute the entire Agreement between RETROXMANIA and the User and replace all agreements concerning access to the Platform and its use.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid, void or unenforceable, such provision shall be deemed to be severed without affecting the validity and enforceability of the remaining provisions, which shall be deemed severable.
The fact that the individual LRDS company does not require compliance with a right recognized by these Conditions or a clause of these Conditions shall not constitute a waiver of this right or this clause, unless the latter expressly recognizes and accepts it in writing.
The exercise by either party of any remedy available to it under these Terms will be without prejudice to any other remedies available to it under these Terms or at law.
ARTICLE 23 – BLOCTEL DEVICE
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 January 6, 1978, known as
"Information Technology and Freedoms" (access, rectification, erasure of data, limitation of processing of this data, opposition to the use of this data, portability of this data, directives relating to the fate of this data after your death) by mail to the address mentioned above or by email to the address contact@retro-console-mania.com . In accordance with articles L.223-1 and following of the Consumer Code, if you no longer wish to be solicited by telephone on the number communicated to RETROXMANIA, you can register this telephone number at any time on the list of opposition to telephone canvassing by Internet on the site www.bloctel.gouv.fr.
APPENDICES
Annex 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.
It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.
Article L. 217-5 Consumer Code
“The property complies with the contract:
If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.
Article L. 217-16 Consumer Code
"When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention."
Article 1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, 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 limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of the individual company LRDS.
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered on …………………………………….. / Received on ……………………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of consumer(s): ………………………………………………………………..
Address of consumer(s): ………………………………………………………………..
Signature of the consumer(s) (only if this form is notified on paper):
Date : ………………………………………………………………..
Clause regarding 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 represents 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 original copies of the corresponding games before using the pre-installed ROMs.
- Use the 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 are not responsible for any copyright infringement by the user. This includes, but is not limited to, downloading, installing, or using game files that violate 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 informed that many game files (ROMs) remain protected by copyright, and that their use without explicit authorization from the rights holders may constitute a legal offense. The user undertakes to verify the legality of each file used before any use. -
Obligation to delete in case of non-compliance
If the user is unable to prove legal possession of the corresponding games, they undertake to immediately delete the game files installed on the console. Any improper use is their sole responsibility. -
Disclaimer of Warranty on Included Files
The game files included in our products are provided "as is" and for experimental purposes. We make no warranty regarding their use, legality, or copyright compliance.