Terms of Sales

Terms of Sales

01 July 2022

Preamble

These general conditions of sale apply to all sales made on the Arcadia Retrogaming website.

The website www.arcadia-retrogaming.fr is represented by:

  • David Aubin, in his capacity as merchant (personal company)
  • located 46 impasse du pinier 24350 La Chapelle Gonaguet, FRANCE
  • site URL address: www.arcadia-retrogaming.fr
  • e-mail: contact.arcadiaretrogaming@gmail.com

The Arcadia Retrogaming website sells the following products: Spare parts, accessories and peripherals for arcade and retrograming equipment.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 - Principles

These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Arcadia Retrogaming website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Arcadia Retrogaming website.

These conditions only apply to purchases made on the Arcadia Retrogaming site and delivered exclusively in mainland France or Corsica. For any delivery in the French overseas departments and territories or abroad, a message should be sent to the following e-mail address: contact.arcadiaretrogaming@gmail.com

These purchases relate to the following products: Spare parts, accessories and peripherals for arcade and retrograming equipment.

Article 3 - Pre-contractual information

The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.

The following information is sent to the buyer in a clear and understandable manner:

  • the essential characteristics of the property;
  • the price of the good and / or the method of calculating the price;
  • if applicable, all additional costs of transport, delivery or postage and any other costs that may be required;
  • in the absence of immediate execution of the contract, the date or the deadline at which the seller undertakes to deliver the good, whatever its price;
  • information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.

Article 4 - The order

The purchaser has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.

The buyer will be informed of any unavailability of the product or the goods ordered.

For the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

  • after sending to the buyer the confirmation of the acceptance of the order by the seller by e-mail;
  • and after receipt by the seller of the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can send an e-mail to the seller at the following e-mail address: contact.arcadiaretrogaming@gmail.com.

Article 5 - Electronic signature

The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

  • payment of amounts due under the purchase order;
  • signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the seller at the following email address: contact.arcadiaretrogaming@gmail.com

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation by electronic mail.

Article 7 - Proof of the transaction

The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

Article 8 - Product information - Availability

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The stock of products is indicated in real time: on the product sheet with the words "In stock", "Low stock" or "Out of stock".

Pre-orders:some products, in great demand, can be offered for pre-order. In this case, the date of availability will be indicated on the product sheet, under the name of the product, in the mention "date of availability". The product will then be shipped as soon as it is returned to stock.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

Unavailability of the ordered product: the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. 

The prices mentioned are without tax, in accordance with article 293B of the CGI. The personal company is not subject to the collection of VAT.

For products purchased from overseas departments and territories or any other country outside the EU: the prices applied will be exclusive of tax (excluding VAT), the buyer may therefore be required to pay local or additional taxes at the time of delivery if the office of local customs ask for them.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

Article 10 - Method of payment

It is an order with obligation of payment, which means that the placing of the order implies a payment of the purchaser.

To pay for his order, the buyer has his choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, as follows:

  • Credit card

  • PayPal

Payment of the price can be made according to a schedule, with an amount and installments over a period determined between the seller and the buyer on a case-by-case basis, according to the following terms:

  • Paypal 4x without fees

Article 11 - Delivery - Cancellation - Refund

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

The delivery time is defined as follows:preparation time + transport time.

Preparation time.Orders are shipped the same day if they are placed before 12:00 noon. In case of high activity, preparation may require 1 (one) additional working day.
Certain heavy or bulky products or even to be manufactured on demand may require additional preparation time. In this case, the specific delivery time will be indicated on the product sheet (below the price).

Transport time.Depending on the carrier chosen by the customer, the delivery times after preparation are as follows:

  • Mondial relay: from 3 (three) to 5 (five) days depending on the location of the customer.
  • Mondiral relay home Europe: from 5 (five) to 7 (seven) days.
  • Colissimo with signature: 2 (two) days.
  • Colissimo overseas: from 7 (seven) to 10 (ten) days.
  • Chronopost: 1 (one) day.
  • Chronopost Europe: from 4 (four) to 7 (seven) days.
  • Carrier (heavy products): 48h (2 days) to 72h (3 days)

Late delivery :Transport times are indicated in accordance with the offer of the carrier chosen when ordering. The seller cannot be held responsible for any delays in delivery due to the carrier. These delays cannot give rise to any partial or total refund or commercial gesture.

In the event of non-compliance with the agreed preparation period (preparation period above), the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by sending an email to contact.arcadiaretrogaming@gmail.com

The contract will be considered canceled upon receipt by the seller of the letter or writing informing him of this termination, unless the seller has performed in the meantime.

The buyer may however immediately cancel the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract, and this, before shipping his order.

Cancellation of an order in transit (during delivery): If the buyer wishes to cancel his order while it is in transit (shipped but not yet delivered): he must refuse the package upon delivery.
In this case the shipping costs of the initial shipment will be deducted from the refund.

Refund :When the contract is canceled, the seller will reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In the event of cancellation of an order in transit (already shipped), the shipping costs will be deducted from the refund.

Article 12 - Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the parcel to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products ...).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery slip.

The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following receipt of the item (s) and send a copy of this letter by email or simple letter to the seller at the address indicated in the mentions. legal site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 - Delivery errors

The buyer must formulate with the seller on the same day of delivery or at the latest the first working day following delivery, any claim of error of delivery and / or non-conformity of the products in kind or in quality compared to the details on the order form. Any complaint made after this deadline will be rejected.

The claim may be made by e-mail to the following address: contact.arcadiaretrogaming@gmail.com

Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 46 impasse du pinier - 24350 La Chapelle Gonaguet - France.

Return costs are the responsibility of the seller.

Article 14 - Product warranty

14-1 Legal guarantee of conformity for products assembled by us or imported from the EU.

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

  • the buyer has a period of 2 years from the delivery of the goods to act;
  • the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
  • the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the good.

14-2 Guarantee for electronic products imported outside the EU.

Electronic products manufactured and assembled abroad have a 1 year warranty.

14-3 Disclaimer of warranty

Defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products will be excluded.

In this case, if possible, a repair estimate for the damaged product can be established for the buyer.

14-4 Legal warranty against hidden defects

In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed in the sale of the good and are likely to render the good unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between rescinding the sale or reducing the price in accordance with Article 1644 of the Civil Code.

Article 15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.

If the returned products show excessive signs of use, indelible soiling or missing accessories or packaging preventing them from being re-marketed as new, a discount will be applied to the reimbursement according to the following scale (non-exhaustive list):

  • Packaging element (protection or stabilization of the product during transport): 7%
  • Accessory: 10%
  • Accessory essential to the functioning of the product: 20%
  • Damaged products will not be taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt will be immediately communicated by email to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased and the initial delivery costs are reimbursed.
If the right of withdrawal is partially exercised (return of certain products only and not of the complete order), the reimbursement of the initial shipping costs will be pro-rated according to the number of returned items.

The return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.

EXCEPTIONS

1 - According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following cases:

  • supply of goods made to the consumer's specifications or clearly personalized;
  • supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • for the supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.

Article 16 - After Sales Service

For unpacking breakdowns, a pre-paid return slip will be provided to you and only for this case.
The time limit for finding a fault when unpacking is 5 days after receipt of the product. The delivery date being taken as proof.

If the item breaks down during the legal warranty period, the return costs will be borne by the buyer.

Returns to after-sales service following a breakdown during the warranty period or when the product is unpacked will be the subject of a systematic assessment.

If the returned product does not have a proven fault or malfunction, the customer must pay the shipping costs for the return and reshipping of the product.

Before returning a product, it is advisable to contact our services for a remote diagnosis in order to avoid unnecessary returns and costs.

Article 17 - Force majeure

All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 18 - Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights over this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

Article 19 - Data processing and Freedoms

The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the vendor's partners responsible for the execution, processing, management and payment of orders.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined in the general conditions of protection and processing of personal data, available on the site www.arcadia-retrogaming.fr, section "Protection of personal data".

Article 20 - Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

Article 21 - Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 22 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 23 - Language of the contract

These terms of sale were originally written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 24 - Mediation and dispute resolution

The buyer can resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail address of the mediator are available on our site.

In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 25 - Applicable law

These general conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.