These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase that you make as a natural person (hereinafter the “customer”) on the retrogaming-console.com website (hereinafter -after the “Site”) with NEO RETRO WEB, Limited Liability Company registered at the Trade and Companies Register of Burgas under number BG205827220, with registered office at 2 Vasil Aprilov, 2nd floor, office 5, 8000 Burgas, Bulgaria. – email: [email protected] (hereinafter the “seller”).

 

IMPORTANT Any order placed on the retrogaming-console.com Site necessarily implies the unconditional acceptance of the CUSTOMER of these general conditions of sale.

NEO RETRO WEB’S ONLINE STORE IS EXCLUSIVELY RESERVED FOR PEOPLE OVER 18 YEARS OLD

 

  1. DEFINITION

 

The terms used below have, in these General Conditions, the following meaning:

 

“Client”: designates the seller’s co-contractor, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this customer acts outside of any usual or commercial activity. “Delivery”: refers to the first presentation of the products ordered by the customer to the delivery address indicated when ordering. “Products”: refers to all the products available on the Site. “Territory”: designates Metropolitan France, including Corsica.

 

  1. PURPOSE

 

These General Conditions govern the sale by the seller to his customers of the products available on the Site (hereinafter the “products”), that the customer orders on the said Site, that he pays and that are delivered to him. The customer is clearly informed and recognizes that the Site is aimed at consumers and that professionals must contact the sales department of the seller in order to benefit from separate contractual conditions

 

  1. ACCEPTANCE OF THE GENERAL CONDITIONS

 

The customer must read these present carefully and accept them, before proceeding to payment for an order for products placed on the Site. The General Conditions are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the order. The customer is invited to carefully read, download and print the General Conditions and keep a copy. The seller advises the customer to read the General Conditions with each new order, the latest version of said Conditions applying to all new orders for products. By clicking on the first button “Order” to place the order then on the second to confirm the said order, the customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.

 

  1. OPENING OF AN ACCOUNT – PURCHASE OF PRODUCTS ON THE SITE

 

To be able to buy a product, the customer must be at least 18 years old and have legal capacity. The customer will be invited (if he is not registered) to open a customer account by completing the registration form available on the Site. The sign (*) indicates the mandatory fields that must be completed for the customer’s order to be processed by the seller. Before opening an account, the customer must read and accept the data protection charter and the general conditions of use accessible at the bottom of each page of the Site via a hypertext link. When registering, the customer can agree to receive promotional offers from the seller and / or his partners by checking another box provided for this purpose. Once registered, the customer can follow his order free of charge, at any time, by consulting his account on the Site. The customer can thus check the status of his order and see if his order has been shipped and delivered. Delivery tracking is done using the carrier’s online tracking tool. The customer can also contact the sales department of the seller at any time by e-mail, at [email protected], in order to obtain information on the status of his order. The information that the customer provides to the seller when opening a customer account or when placing an order must be complete, accurate and up to date. The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

 

  1. ORDERS

 

5.1 Product characteristics

 

The seller strives to present as clearly as possible the main characteristics of the products (on the information sheets available on the Site) and the mandatory information that the customer must receive under applicable law (in these General Conditions). Consequently, the customer agrees to read them carefully before placing an order on the Site. The seller reserves the right to modify the selection of products available on the Site, in particular according to the constraints related to its suppliers. The photographs are presented for indicative purposes only and have no contractual value. Unless expressly stated otherwise on the Site, all products sold by the seller are new and comply with the European legislation in force and the standards applicable in France.

 

5.2. Order procedure

 

Product orders are placed directly on the Site. To place an order, the customer must follow the steps described below (please note, however, that depending on the customer’s start page, the steps may differ slightly).

 

5.2.1. Product selection and purchase options

 

The customer must select the product (s) of his choice by clicking on the product (s) concerned and choosing the color and then the desired quantity (up to X identical products can be purchased simultaneously ). A description of the product (with the main characteristics of the products, etc.) will be provided on the Site. Once the product is selected, the product is placed in the customer’s basket. The customer can add as many products to their basket as they wish.

 

5.2.2. Orders

 

Once the products have been selected and placed in their basket, the customer must click on the basket and check that the content of their order is correct. If the customer has not yet done so, they will be prompted to identify themselves or register. Once the customer has validated the contents of the basket and has identified / registered, an online form automatically completed and summarizing the price, applicable taxes and delivery costs, if applicable, will be displayed to him. . The customer is invited to check the content of his order (including the quantity and references of the products ordered, the billing address, the means of payment and the price) before clicking on the first button “Validation”. The customer can then proceed to secure payment for the products by following the instructions on the Site and provide all the information necessary for invoicing and delivery of the products. Regarding products for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order. The customer must also indicate the chosen delivery method by selecting it in the “Delivery” section of the Site.

 

5.2.3. Acknowledgment of receipt

 

Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the customer by email, provided that the email address provided through the registration form is correct. The seller does not send order confirmation by post or fax.

 

5.2.4. Billing

 

During the ordering process, the customer must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the customer’s order to be processed by the seller). In particular, the customer must clearly indicate all information relating to the delivery, in particular the exact delivery address, as well as any possible access code to the delivery address. The customer must then specify the means of payment chosen and provide their bank details before clicking on the “Continue” button. Neither the purchase order that the customer establishes online, nor the acknowledgment of receipt of the order that the seller sends to the customer by email constitute an invoice. Regardless of the order or payment method used, the customer will receive the original invoice upon delivery of the products, inside the package. The seller will keep an electronic copy of each invoice.

 

5.3. Date of the order

 

The date of the order is the date on which the seller acknowledges receipt of the order online. The deadlines indicated on the Site do not begin to run until this date.

 

5.4. Price

 

For all products, the customer will find on the Site the prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging, the delivery address and the carrier or method of delivery. chosen transport). The prices include in particular the value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the products from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the product sold. The prices of the vendor’s suppliers are subject to change. Consequently, the prices indicated on the Site may change. They can also be modified in the event of special offers or sales. The prices indicated are valid, except for gross error. The applicable price is that indicated on the Site on the date on which the order is placed by the customer.

 

5.5. Product availability

 

Depending on the product concerned, the seller applies “just in time” inventory management. Therefore, depending on the case, the availability of the products depends on the seller’s stocks. The seller agrees to honor orders received subject to the products being available. The unavailability of a product is in principle indicated on the page of the product concerned. Customers can also be notified of a product’s restocking by the seller. In any event, if the unavailability was not indicated at the time of the order, the seller undertakes to inform the customer without delay if the product is unavailable. The seller may, at the customer’s request: offer to ship all the products at the same time as soon as the out-of-stock products are available again, proceed to a partial shipment of the available products first, then to the dispatch of the rest of the order when the other products are available, subject to clear information concerning the additional transport costs that may be incurred, offer an alternative product of equivalent quality and price, accepted by the Customer. If the customer decides to cancel his order for unavailable products, he will obtain a refund of all sums paid for unavailable products, without delay and at the latest within thirty (30) days of payment.

 

  1. RIGHT OF WITHDRAWAL

 

The terms of the right of withdrawal are provided for in the “withdrawal policy”, a policy available in Annex 1 hereof and accessible at the bottom of each page of the Site via a hypertext link.

 

  1. PAYMENT

 

7.1. Means of payment

 

The customer can pay for his products online on the Site in several ways. When choosing their payment method, the customer will be redirected to the secure site concerned in order to proceed with the payment. The customer guarantees the seller that he holds all the authorizations required to use the chosen means of payment. By communicating his credit card number, the customer authorizes the Site’s bank to debit the total amount of the order. The seller will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site. All payment information provided on the Site is transmitted to the Site bank and is not processed on the Site. The seller does not collect, store or process the Customer’s bank details. The seller does not charge the customer for costs greater than the costs it incurs for the use of the means of payment offered on the Site.

 

7.2. Payment date

 

In the event of a single payment by credit card, the customer’s account will be debited as soon as the product order is placed on the Site. In the event of partial delivery, the total amount will be debited from the customer’s account at the earliest when the first package is shipped. If the customer decides to cancel his order for unavailable products, the refund will be made in accordance with the last paragraph of Article 4.5 of these General Conditions.

 

7.3. Delay or refusal of payment

 

If the bank refuses to debit a card or other means of payment, the customer must contact customer service in order to pay for the order by any other valid means of payment. In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the customer proves impossible, the order will be canceled and the sale automatically terminated.

 

  1. PROOF AND ARCHIVING

 

Any contract concluded with the customer corresponding to an order for an amount exceeding 120 euros including tax will be archived by the seller for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code. To access the contract, the customer can make a request by email to [email protected]. The customer acknowledges that the ordering procedure and these General Conditions are concluded online and constitute an “electronic contract” between the customer and the seller. The seller agrees to archive this information in order to monitor transactions and produce a copy of the contract at the customer’s request. Therefore, the customer agrees, in accordance with the principles governing electronic contracts under the law, not to call into question the contract simply because it was archived electronically by the seller. In the event of a dispute, the seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

 

  1. TRANSFER OF OWNERSHIP

 

The seller remains the owner of the products delivered until their full payment by the customer. The above provisions do not preclude the transfer to the customer, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage to the products subject to the reservation. property, as well as the risk of damage they may cause.

 

  1. DELIVERY

 

The terms of delivery of the products are provided for in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the Site via a hypertext link.

 

10.1. PARCELS NOT RECEIVED OR INCOMPLETE

 

Material return policy for packages declared as not received or incomplete received:

 

Please check upon receipt that your order is complete and attach photos of the box and its contents otherwise. Specify any details indicating a theft: parcel filled with aluminum foil, tape replaced by that of the post office, empty boxes, etc.

 

Before declaring a package as undelivered, contact your post office and verify that it has not been dropped off by mistake with a neighbor.

 

After these verifications, a complaint will be made to the carrier and a response will be provided to you within 10 days.

 

  1. PACKAGING

 

The products will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the products during delivery. Customers must adhere to the same standards when returning products.

 

  1. GUARANTEES

 

Please note, the warranty conditions apply to the product as it is when it leaves our workshop. Any physical modification (deactivate the safe shutdown button, change the fan, etc.) or of the system such as for example activating the overclock, adding themes or roms out of our catalog directly to the SD card or even making a updated without consulting us to verify its reliability voids your warranty.

 

12.1. Contractual guarantee

 

The seller guarantees that, in the event of purchase on the Site, the product will be free from manufacturing or material defects, under normal use, for 2 years from the date of initial purchase on the Site. . This limited warranty extends only to the original purchaser, is not transferable, excludes all accessories, and is valid only in the country of original purchase. This limited warranty covers only manufacturing and material defects in the course of ordinary consumer use and does not apply in the event of damage to the product resulting from degradation, tearing, accident, misuse, abuse, neglect, sand or liquid damage, shock, or poor storage conditions. The customer must first contact the seller by e-mail at [email protected] indicating the invoice number and contact details. The seller will contact the customer, who must then return the defective product in its original packaging with all original documents, at his own expense. The seller will inspect the product. If after inspection by Seller and provided that the defect has occurred under normal use within one month from the date of original purchase, the Product is found to be defective, Seller will repair the Product or replace any product or part defective by a new or repaired product or part. The exchanged product is covered by this warranty for the remainder of the warranty period of the original product. In the event that replacement or repair is impossible, the seller undertakes to return the price of the product within 60 days of receipt of the returned product and in exchange for the return of the product by the customer to the following address Boutique Retro, 9 Risban Dock, Apartment 3, 59240 Dunkirk, France

 

12.2. Guarantee of conformity

 

In accordance with the applicable legal provisions, the above contractual guarantee does not deprive the customer of the legal guarantee provided for by the Consumer Code and by the Civil Code in the articles as described below. The seller is required to deliver a product that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility. To comply with the contract, the product must be fit for the expected use of a similar good, correspond to the written description given by the seller on the Site and present the qualities that a buyer can legitimately expect given public statements. made by the seller, by the producer or by his representative, including in advertisements and on labeling.

 

The photographs are presented for indicative purposes only and have no contractual value. The action resulting from the lack of conformity lapses one year from the date of delivery of the product. In the event of a lack of conformity, the customer may request the replacement or repair of the product, at his option. However, if the cost of the customer’s choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the product or the importance of the defect, the seller may proceed to a refund, without following the chosen option. by the customer. In the event that replacement or repair would be impossible, the seller undertakes to return the price of the product within 30 days of receipt of the returned product and in exchange for the return of the product by the customer to the following address Boutique Retro, 9 Risban Dock, Apartment 3, 59240 Dunkirk, France

 

When claiming the legal guarantee of conformity, the Customer :

– has a period of two (2) years from the date of delivery of the goods to act;
– may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

– is exempted from proving the existence of the lack of conformity for twenty-four (24) months from the delivery of the goods.

 

12.3. Guarantee of hidden defects

 

The seller is bound by the guarantee for hidden defects in the product sold which make it unfit for the use for which it is intended, or which reduce this use so much that the customer would not have acquired it, or would not have given it. than a lower price, if he had known them. This guarantee allows the customer who can prove the existence of a hidden defect to choose between reimbursement of the price of the product if it is returned and reimbursement of part of its price, if the product is not returned. In the event that replacement or repair would be impossible, the seller undertakes to return the price of the product within 30 days of receipt of the returned product and in exchange for the return of the product by the customer to the following address: Boutique Retro, 9 Risban Dock, Apartment 3, 59240 Dunkirk, France The action resulting from latent defects must be brought by the customer within one month from the discovery of the defect.

When claiming the legal guarantee against hidden defects, the Customer :

– has a period of two (2) years to act from the discovery of the hidden defect.
– may choose between the cancellation of the sale involving reimbursement and return of the Product(s) or a reduction in the sale price in accordance with Article 1642-1 of the Civil Code.

– must provide proof of the hidden defect.

 

  1. RESPONSIBILITY

 

The seller will be responsible for direct damage caused to the customer as a result of ordering or purchasing products on the Site. The seller does not control the websites which are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.

 

  1. PERSONAL DATA

 

The seller collects personal data about its Customers on the Site, including through cookies. Customers can disable cookies by following the instructions provided by their browser. The data collected by the seller is used to process orders placed on the Site, manage the Customer’s account, analyze the orders and fight against credit card fraud and, if the customer has chosen this option, send him letters. prospecting, newsletters, promotional offers and / or information on special sales, unless the customer no longer wishes to receive such communications from the seller. The customer’s data are kept confidentially by the seller in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law. Customers can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the vendor’s service providers involved in the ordering process. For commercial purposes, the seller may transfer the names and contact details of his customers to his business partners, provided that they have given their prior consent when registering on the Site. The seller will specifically ask customers if they would like their personal data to be disclosed. Customers may change their mind at any time on the Site or by contacting the seller. The seller can also ask his customers if they wish to receive commercial solicitations from his partners. The customer benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an email to the address: [email protected] or by sending a mail to Boutique Retro, 9 Risban Dock, Apartment 3, 59240 Dunkirk, France It is specified that the customer must be able to prove his identity, either by scanning an identity document, or by sending the seller a photocopy of his identity document.

 

  1. COMPLAINTS

 

The seller provides the customer with a “Customer telephone service” at the following number +33 368 383 730 (number not surcharged). Any written complaint from the customer should be sent to the following address: Boutique Retro, 9 Risban Dock, Apartment 3, 59240 Dunkirk, France

 

  1. INTELLECTUAL PROPERTY

 

All visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark and / or patent law. These elements are the exclusive property of the seller. Anyone who publishes a website and wishes to create a direct hypertext link to the Site must request the seller’s authorization in writing. This authorization from the seller will in no case be granted definitively. This link must be removed at the request of the seller. Hypertext links to the Site which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

 

  1. VALIDITY OF GENERAL CONDITIONS

 

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize customers to disregard these General Conditions. Any conditions not expressly addressed herein will be governed in accordance with the usage of the retail sector, for companies headquartered in France.

 

  1. MODIFICATION OF THE GENERAL CONDITIONS

 

These General Conditions apply to all purchases made online on the Site, as long as the Site is available online. The General Conditions are precisely dated and may be modified and updated by the seller at any time. The applicable General Conditions are those in force at the time of the order. Changes to the General Conditions will not apply to products already purchased.

  1. ATTRIBUTION OF JURISDICTION AND APPLICABLE LAW

 

These General Conditions as well as the relationship between the customer and the seller are governed by French law. In the event of a dispute, only the French courts will be competent.

 

APPENDIX 1: RETRACTATION policy

The customer has the right to withdraw from this contract without giving any reason within fourteen days. Withdrawal period The withdrawal period expires sixty (60) calendar days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the goods. If the customer’s order concerns several goods and if these goods are delivered separately, the withdrawal period expires sixty (60) days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last good. Notification of the right of withdrawal To exercise his right of withdrawal, the customer must notify his decision to withdraw from this contract by means of an unambiguous declaration to: Boutique Retro, 9 Risban Dock, Apartment 3, 59240 Dunkirk, France or [email protected]

 

Model withdrawal form

The seller gives the consumer the option to complete and submit online the model withdrawal form (referred to in Annex I of Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 on consumer rights) on the site at “https://retrogamingconsole.shipping-portal.com/rp/”. If the customer uses this option, the seller will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium. In order for the withdrawal period to be respected, the customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

A contribution to the shipping costs in the amount of 5 euros is requested when using the return portal.

 

Effects of withdrawal

In the event of withdrawal by the customer from this contract, the seller undertakes to reimburse all payments received from the customer (with the exception of additional costs arising from the fact that you have chosen, if applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen (14) days from the day on which we are informed of your decision to withdraw from the this contract. The seller will make the refund using the same means of payment that the customer used for the initial transaction, unless the customer expressly agrees on a different means, in any case, this refund will not incur costs. to the customer. The seller may defer the refund until receipt of the goods or until the customer has provided proof of dispatch of the goods, the date chosen being the date of the first of these facts.

Terms of return The customer must, without undue delay and, in any event, no later than sixty (60) days after communication of his decision to withdraw from this contract, return the goods to: Boutique Retro, 9 Risban Dock, Apartment 3, 59240 Dunkirk, France. This period is deemed to have been met if the customer returns the goods before the expiration of the fourteen day period. Return costs The customer must bear the direct costs of returning the goods.

Condition of the returned good The customer is only liable for the depreciation of the good resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this good.

Delivery zone The products offered can only be delivered within the territory. It is not possible to place an order for any delivery address located outside this territory.

 

The products are shipped to the delivery address (es) that the customer will have indicated during the ordering process.

Shipping time Every morning, from Monday to Friday, a status of orders placed online on the Site is established. The seller will process all orders placed the next day until the order status is established. The deadlines for preparing an order and then establishing the invoice, before shipping the products in stock are mentioned on the Site. These deadlines are understood to be excluding weekends or public holidays. An email message will automatically be sent to the customer at the time of shipment of the products, provided that the email address in the registration form is correct.

Delivery times & costs During the ordering process, the seller indicates to the customer the possible delivery times and formulas for the products purchased. Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the customer in addition to the price of the products purchased. Details of delivery times and costs are detailed on the Site.

Terms of delivery The package will be delivered to the customer in a single package. In case of absence, a calling card will be left with the Customer, in order to allow him to pick up his parcel in his post office.

Delivery problems The customer is informed of the delivery date fixed when he chooses the carrier, at the end of the online ordering procedure, before confirming the order. In the event that the seller does not deliver the goods on the agreed date, the customer directs him, by means of a durable communication medium, to deliver the products within an additional period which must be adapted to the circumstances. In any event, the seller undertakes to deliver the products within thirty (30) calendar days from the conclusion of the contract. If the seller does not comply with his obligation to deliver the goods within the additional time limit, or within the period of thirty (30) calendar days from the conclusion of the contract, the customer has the right to terminate the contract.

The customer can inform the seller of his decision to terminate the contract by sending a registered letter with acknowledgment of receipt to the adress : Boutique Retro, 9 Risban Dock, Apartment 3, 59240 Dunkirk, France. Seller will, without undue delay after receipt of the termination letter, refund to Customer the total amount paid for the Products, including taxes and delivery charges, by the same method of payment used by Customer to purchase the Products.

Appendix on the use of ROMS (game files)

Included ROMS (game files) are not included in the cost of our services. This is only to pay for configuration services and hardware. By paying for our services, you declare that you are in possession of the original games. You agree and only give permission to download, install and configure your console for all sets of ROMs that can be found on www.emuparadise.me for your personal research purposes or to have a backup of your original games already in possessions in case of loss or usury. In addition, by paying for our services, you agree to abide by the terms of use of www.emuparadise.me/dmca.php.

All ROMS are from www.emuparadise.me. Game files are provided for research purposes only or if you physically own the original game so that you are legally entitled to own a copy in the event of loss or wear. Game files are provided and declared to: download on your behalf and only for research purposes or to have a backup of your original games already in possession in the event of loss or wear. Once you have completed your research or no longer using the game files, you are required to immediately remove all ROMSets (downloaded game files) and provide permission on www.emuparadise.me. Our services are non-profit, but simply as an avid gamer. We only charge the cost of the hardware and the time spent setting up consoles.

We sell our labor, the price of the hardware and the price of SD cards. The games are uploaded free of charge and are under no circumstances the subject of fraudulent monetization on the rights holders and copyrights.

We are not responsible for any damages, problems, errors or malfunctions that may result from the use of our services. All of our services are for private use. We do not take responsibility if they are used for commercial use. Otherwise, thank you for not using our services. You assume full responsibility for the use of ROMS (game files) in the event that you do not have them. I want to clarify that we are not responsible for the use of unlicensed ROMS from anyone who downloads or purchases our services (consoles).