The terms and conditions contained herein apply to any purchases made via this Website. By placing a purchase order for any products, you acknowledge that you are fully aware of the contents of these terms and conditions, and agree to be bound by and accept these terms and conditions.
(i) “Customer” refers to a person who orders Product(s) via this Website;
(ii) “Product(s)” refers to any products listed as items for sale on this Website;
(iv) “Seller” refers to https://www.retrovideogameconsolesjapan.com;
(v) “Website” refers to https://www.retrovideogameconsolesjapan.com.
- Placing an Order
All Information contained in this Website constitutes an invitation to treat. No information on this Website constitutes an offer by the Seller to supply any Product(s).
By placing an order via this Website, the Customer makes an offer to purchase any Products he or she has ordered on the terms and conditions listed herein. Acceptance of the Customer’s offer is at the absolute discretion of the Seller.
Upon receipt of the Customer’s order, the Seller will verify the availability of the Product(s) and the Customer’s payment details. The Seller has not accepted the Customer’s offer and has no obligation to supply any Product(s) until the Seller has shipped the Product(s) and sent shipping confirmation to the Customer by email.
- Supply of Product(s)
Subject to these terms and conditions, the Seller may agree to supply the Customer with the Product(s) as specified in the Customer’s order form submitted to the Seller via this Website.
When Product(s) have been shipped following receipt of the Customer’s order, the Seller will email the Customer to confirm shipment.
Pictures used to display Product(s) in this Website may not be identical to the Product(s) shipped to the Customer. The Seller reserves the right to supply Product(s) which do not correspond to the pictures appearing in this Website, provided that said Product(s) perform substantially the same function as described in this Website.
The Seller reserves the right to edit specifications of Product(s) ordered by the Customer, provided that such alterations do not materially affect the overall performance of the Product(s) or the type of Product(s) ordered by the Customer.
- Price and Payment
Pricing of Product(s) shall be the price as stipulated on this Website at the time when the Customer places an order with the Seller.
All prices are shown in United States Dollars and other currencies inclusive of value added tax (VAT), but exclusive of shipping costs.
Upon placing an order with the Seller, the Customer shall provide to the Seller his or her valid payment and other billing information as requested by the Website.
The Seller will take all reasonable precautions to keep the details of the Customer’s order and payment secure but cannot be held liable for any losses caused as a result of unauthorized access to information provided by the Customer.
Product(s) will be delivered to the delivery address provided by the Customer. The Seller will use its discretion in choosing an appropriate means of delivery.
Risk of loss and damage of Product(s) passes to the Customer on the date when the Product(s) is/are dispatched by the Seller to the carrier.
Any dates quoted by the Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. The Seller will be under no liability for any unseen delays or failure to deliver the Product(s) within the estimated delivery time.
The Seller is not responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in countries outside Japan. It is the responsibility of the Customer to pay any charges levied by local authorities and observe the respective regulations of the country in which he or she receives the Product(s).
If an order shipment is undeliverable, the Product(s) ordered by the Customer will be returned to the Seller at the Customer’s expense. The returned Product(s) can be sold to other customers and the Seller will have no obligation to reserve or re-deliver the returned Product(s) to the Customer.
- Returns and Refunds
Subject to Clause 6.4 below, no Product(s) shall be returned to the Seller unless :-
(a) the Product(s) in question is defective;
(b) the Customer has made contact with the seller requesting a return;
(c) the Seller has notified the Customer by email that the Customer may return the Product(s) to the Seller;
(d) the Product(s) is returned in a clean and well packaged state.
(e) the Customer returns the Product(s) at his/her own expense, including any custom duties or taxes.
Upon satisfactory return of the Product(s) to the Seller, replacement Product(s) will be shipped to the Customer if the Seller is satisfied that the Product(s) returned is defective after sufficient tests and inspections have been carried out by the Seller. If a replacement Product(s) is not available, a refund of product price only will be made to the Customer.
If the Seller does not determine that the returned Product(s) is defective, the Seller will redeliver the returned Product(s) to the Customer at the Customer’s own expense.
Hardware, Software cartridges, digital video or audio discs are excluded from any return unless they are defective. The Seller is exempt from responsibility regarding compatibility issues and it is the Customer’s sole responsibility to ensure that his/her console, video/audio player is compatible with any software, video or audio discs ordered.
The Seller reserves the right to update, revise or change any other information listed on this Website, including these terms and conditions at any time. Any such changes will take effect when shown on the Website and it is the Customer’s sole responsibility to confirm any updated or revised information. Continued use of the Website by the customer shall signify his/her acceptance to be bound by the latest terms and conditions.
- Force Majeure
The Seller shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the seller’s control.
- Intellectual Property
The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available to the Customer via this Website shall remain at all times vested in the Seller or its licensors. The Customer is permitted to use this material only as expressly authorized by the Seller or its licensors.
The Customer acknowledges and agrees that the material and content contained within this Website is made available for their personal non-commercial use only and that they may only download such material and content for the purpose of using this Website. The Customer further acknowledges that any other use of the material and content of this Website is strictly prohibited and they agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The prices of the Product(s) paid by the Customer are for the Product(s) and the services described herein and do not include technical data, copyright, trademarks, or other intellectual property rights or proprietary rights of any kind subsisting in the Product(s) or their packaging.
All Product(s) provided in connection with this Website are on an “as is” and “as available” basis. Unless expressly agreed, the Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. Customer expressly agrees that the use of this Website is at his or her sole risk.
To the full extent permissible by applicable law, the Seller disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for a particular purpose.
Subject to this Clause, the Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.
Subject to this Clause, the Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to the Seller in respect of the Product(s) in question.
Failure of the Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.
- Entire Agreement
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between the Customer and Seller relating to the sale and purchase of any Product(s).
- Governing Law
These terms and conditions shall be governed by and construed under the laws of Japan. The parties submit to the exclusive jurisdiction of the courts of Japan, being the place where the Customer’s order/offer has been received/accepted.