Terms of service

These terms and conditions of sale govern the purchase of products and services through the website Retrogamingeurope.com (formerly Arcade1upeurope.com) managed by Polyphoto S.p.A., with registered office in Opera Zerbo, Via Cesare Pavese 11/13 - 20073 Milan, registered in the Milan Register of Companies under REA number 998214 and VAT number 04219520154. Polyphoto SpA declares that it is the official licensee of the Arcade1Up, Basic Fun, Toyshock, My Arcade and Iconic Arcade brands in EMEA.

Acceptance of the general terms and conditions of sale

1. The contract between Polyphoto S.p.A. and the Customer shall be deemed to have been concluded upon acceptance, even partial, of the order by Polyphoto S.p.A. Such acceptance shall be deemed tacit, unless otherwise communicated to the Customer in any manner. By placing an order in the various ways provided, the Customer declares that they have read all the information provided to them during the purchase process and that they fully accept the general terms and conditions and payment terms set out below.

2. If the Customer is a consumer, once the online purchase procedure has been completed, they shall print or save an electronic copy and in any case retain the listed general terms and conditions of sale, in accordance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance selling.

3. The Customer shall have no right to compensation for damages or indemnification, nor shall there be any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance, even partial, of an order.

Purchase procedure

4. The Customer may only purchase products listed in the Retrogamingeurope.com (formerly Arcade1upeurope.com) electronic catalogue at the time of placing the order and viewable online at (URL) www.retrogamingeurope.com, as described in the relevant information sheets. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ in colour, size, and listed accessories shown in the picture. All information supporting the purchase is to be understood as simple generic information material, not referable to the actual characteristics of a single product.

5. Correct receipt of the order is confirmed by Polyphoto S.p.A. by means of an e-mail reply sent to the e-mail address provided by the Customer. This confirmation message will contain the date and time of execution of the order and a “Customer Order Number”, to be used in all further communications with Retrogamingeurope.com. The message will repeat all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections, according to the procedures described in this document.

6. In the event of non-acceptance of the order, Polyphoto S.p.A. guarantees prompt communication to the Customer.

Payment methods

7. In cases where goods are purchased using a credit card, upon completion of the online transaction, the relevant bank will authorise only the amount relating to the purchase made.

7.1 In the event of cancellation of the order, either by the Customer or in the event of non-acceptance of the order by Polyphoto S.p.A., Polyphoto S.p.A. will simultaneously request the cancellation of the transaction and the release of the amount committed. The release times for some types of cards depend exclusively on the banking system and may take up to their natural expiry date (24 days from the date of authorisation). Once the transaction has been cancelled, Polyphoto S.p.A. cannot be held liable under any circumstances for any direct or indirect damage caused by a delay in the release of the amount committed by the banking system.

7.2 Polyphoto S.p.A. reserves the right to charge the customer's credit card in order to avoid the expiry of the transaction authorisation, which occurs on the 23rd day.

7.3 Polyphoto S.p.A. reserves the right to request additional information from the customer (e.g. landline telephone number) or to request a copy of documents proving ownership of the card used. In the absence of the required documentation, Polyphoto S.p.A. reserves the right not to accept the order.

7.4 At no time during the purchase process is Polyphoto S.p.A. able to obtain information relating to the purchaser's credit card, which is transmitted via a secure connection directly to the website of the bank handling the transaction. No computer archive of Polyphoto S.p.A. will store such data. Under no circumstances can Polyphoto S.p.A. therefore be held liable for any fraudulent or unauthorised use of credit cards by third parties when paying for products purchased on Retrogamingeurope.com.

7.5 All credit cards supported by the circuits listed on the website are accepted.

8. Customers who select PayPal as their payment method will be redirected to the login page for that service. The methods used to manage strong customer authentication (SCA) are at the sole discretion of PayPal. Payment is managed on the basis of the rules governing the relationship between the Customer and PayPal itself, a relationship to which Polyphoto S.p.A. is completely unrelated.

 Customers can choose to pay: in three instalments (if PayPal, at its sole discretion, makes this option available); or in a single payment.

If the payment made by the Customer is successful, the total amount of the order is "frozen" on the available balance of the PayPal account used (and therefore on any card associated with it). The actual charge will only be made when the goods are shipped, or when the last shipment is made in the case of a multi-product order with products shipped at different times. In the case of a purchase in three instalments, when the customer confirms the order and proceeds with payment, authorisation is requested for payment of the entire amount relating to the purchase. If authorised, the entire amount will be "frozen" on the available PayPal account or linked card. On the day the goods are shipped (or the last shipment in the case of multiple shipments), only the first instalment will be charged. The other two will then be charged at 30-day intervals. In the event of cancellation or cancellation of the order, Polyphoto S.p.A. will request the release of the amount "frozen" during authorisation. The methods and timing by which the amount will then become available to the Customer are completely unrelated to Polyphoto S.p.A.

In the event of fraudulent payment, Polyphoto S.p.A. will attempt to block the order, thereby avoiding the charge to the PayPal account used. If successful, it will not charge the legitimate account holder; otherwise, the dispute will be handled in accordance with the regulations and PayPal's "Purchase Protection" and "Seller Protection" programmes.

 

Delivery methods and costs

10. Retrogamingeurope.com can only accept orders for delivery to the following territories: all EU member countries, the United Kingdom, Switzerland, Turkey, Israel, Liechtenstein and Norway.

Orders can be cancelled until the moment they are processed, which occurs when the transport document or invoice is issued.

11. For each order placed on Retrogamingeurope.com, Polyphoto S.p.A. issues a receipt for the goods shipped. At the customer's request, Polyphoto S.p.A. will issue an invoice and send it by email to the person named on the order, in accordance with Article 14 of Presidential Decree 445/2000. The information provided by the customer at the time of ordering shall be used for the issuance of the invoice. No changes to the invoice shall be possible after it has been issued. The customer may request the invoice within 5 days of placing the order, otherwise it shall not be possible for Polyphoto SpA to issue this document.

12. Any additional costs shall be borne by the Customer. Payment for the goods by the Customer shall be made using the method chosen at the time of ordering. The Customer shall not be required to pay any additional amounts beyond the total order amount shown at the end of the purchase procedure.

13. Polyphoto S.p.A. cannot be held liable for any delays in processing the order or delivering the goods ordered.

14. The delivery of the order is understood to be at street level unless otherwise requested by the Customer. Upon delivery of the goods by the courier, the Customer is required to check:

• that the number of packages delivered corresponds to that indicated on the invoice;
• that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping)

Any damage to the packaging and/or product or any discrepancy in the number of packages or indications must be immediately reported by writing "RESERVE OF CONTROL" (SPECIFYING THE REASON FOR THE RESERVE, e.g. "damaged packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer may not make any objection regarding the external characteristics of the goods delivered.

Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 5 days of delivery by email or registered letter with return receipt.

15. If the goods stored in the courier's warehouses are not collected within 5 working days due to repeated failure to deliver to the address indicated by the Customer at the time of ordering, the order will be returned to the warehouses of Polyphoto S.p.A.

16. Once the courier document has been signed, the Customer may not raise any objections regarding the external characteristics of the goods delivered. Retrogamingeurope.com reserves the right to request further documentation from the customer to prove the actual damage.

 

Right of withdrawal

17. Pursuant to Art. 64 et seq. of Legislative Decree No. 206/2005, if the customer is a consumer (i.e. a natural person who purchases goods for purposes not related to their professional activity, or does not make the purchase by indicating a VAT number on the order form to Retrogamingeurope.com), they have the right to withdraw from the purchase contract for any reason within 14 days of receiving the goods, without penalty and without prejudice to the provisions of point 19 below.

18. To exercise this right, the customer must send a request for withdrawal using the Contact form on the retrogamingeurope.com website.

19. The right of withdrawal is subject to the following conditions:

• the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, attached software, etc.);

• the right does not apply to audiovisual products or sealed computer software (including those attached to hardware), once opened;

• the purchased goods must be intact and returned in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.); to limit damage to the original packaging, we recommend placing it in a second box or wrapping it in protective material, on which to affix the label provided by Polyphoto S.p.A; in all cases, avoid affixing labels or adhesive tape directly to the original product packaging;

• the item subject to the right of withdrawal must bear the same serial number (IF EXISTING) as that shown on the Retrogamingeurope.com sales invoice; if the item bears a serial number different from that shown on the invoice, the return will not be accepted and the product will be made available to the customer for return, simultaneously cancelling the request for withdrawal;

• The shipping costs for returning the goods are the responsibility of the customer.

• The shipment, until proof of receipt in our warehouse, is under the complete responsibility of the customer.

• In the event of damage to the goods during transport, Retrogamingeurope.com will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to enable them to promptly file a complaint against the courier they have chosen and obtain a refund of the value of the goods (if insured). in this case, the product will be made available to the customer for return, simultaneously cancelling the request for withdrawal;

Retrogamingeurope.com is not liable in any way for damage or theft/loss of goods returned by uninsured shipments;

Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the original packaging and/or wrapping is damaged, Polyphoto S.p.A. will deduct a percentage, not exceeding 10% of the refund due, as a contribution to the restoration costs.

20. Without prejudice to any restoration costs for damage to the original packaging, Polyphoto S.p.A. will refund the customer the amount already paid for the purchase of the goods within 14 days of its return, by reversing the amount charged to the credit card or refunding the PayPal account or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details for the refund (IBAN code and bank of the invoice holder).

21. The right of withdrawal shall be forfeited entirely if the essential condition of integrity of the goods (packaging and/or its contents) is not met, in cases where Polyphoto S.p.A. ascertains:

· the absence of the original external packaging and/or internal packaging;

· the absence of integral elements of the product (accessories, cables, manuals, parts, etc.);

· damage to the product for reasons other than transport.

In the event of forfeiture of the right of withdrawal, the goods will remain at the Polyphoto S.p.A. headquarters, available for collection by the Customer at their expense.

22. The credit in favour of the customer may be partial if the goods have suffered a decrease in value, such as:

· careless use of the product

· even partial use of the goods and any consumables

· damaged or otherwise incomplete packaging as received

 

Warranties

23. All products sold by Retrogamingeurope.com are covered by the manufacturer's standard warranty and a 24-month warranty for conformity defects, pursuant to Legislative Decree 206/05 or any extensions applied by the manufacturer or purchased separately. To benefit from warranty assistance, the Customer must keep the invoice (or delivery note) that they will receive via email in electronic PDF format. The exercise of the Warranty may require requesting assistance from authorised service centres in the area and/or following the procedures outlined in the documentation inside the product packaging.

24. The manufacturer's standard warranty is provided in accordance with the procedures outlined in the documentation included in the product packaging. If, following intervention by an Authorised Service Centre, the defect is found not to be covered by the manufacturer's standard warranty, the Customer will be charged for any inspection and repair costs requested by the Authorised Service Centre, as well as any transport costs incurred by Polyphoto S.p.A.

25. The 24-month warranty pursuant to Legislative Decree 206/05 applies to products that are listed as having a lack of conformity, provided that the product itself is used correctly, in accordance with its intended use and the provisions of the accompanying technical documentation. This warranty is reserved for private consumers (natural persons who purchase goods for purposes not related to their professional activity, i.e. who make the purchase without indicating a VAT number on the order form). In the event of a lack of conformity, Polyphoto S.p.A. shall, at no cost to the Customer, restore the conformity of the product by repair/replacement or price reduction, until the contract is terminated. If, following intervention by an Authorised Service Centre, the defect does not constitute a lack of conformity within the meaning of Legislative Decree 206/05, the Customer will be charged for any verification and repair costs requested by the Authorised Service Centre, as well as any transport costs incurred by Polyphoto S.p.A.

26. Replacements in the event of DOA (Dead On Arrival: product not working on delivery) will only take place if expressly provided for by the manufacturer. The time required for replacement or repair of the product depends exclusively on the manufacturer's policies.

27. If, for any reason, Polyphoto S.p.A. is unable to return a product under warranty (repaired or replaced) to its customer, it may, at its discretion, refund the amount paid, taking into account the use of the goods, or replace it with a product of equal or superior characteristics.

28. The time required for repair or replacement of the product depends exclusively on the manufacturer's policies, and no damages may be claimed from Polyphoto S.p.A. for any delays in carrying out repairs or replacements.

29. In cases where the application of the warranties requires the return of the product, the goods must be returned by the Customer in their original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc.); to limit damage to the original packaging, we recommend placing it in a second box; in all cases, the application of labels or adhesive tape directly on the original product packaging should be avoided.

The Customer will be provided with a product return authorisation number (RMA), which must be indicated on the outside of the packaging, following the instructions provided directly in the relevant authorisation email.

Complaints

30. Any complaints must be addressed to Polyphoto S.p.A., operational headquarters in Opera Zerbo, Via Cesare Pavese 11/13 - 20073 Milan - informazioni@polyphoto.net

 

Applicable law

31 These General Terms and Conditions of Sale and, consequently, the sales contracts concluded online between Polyphoto S.p.A. and Customers, are governed by and interpreted in accordance with Italian law. In particular, Legislative Decree no. 70 of 9 April 2003 on electronic commerce applies and, if the Customers are consumers, Legislative Decree no. 206 of 6 September 2005 and subsequent amendments (Consumer Code).

31 Any dispute arising from the interpretation, validity and/or execution of these Terms and Conditions of Sale, if the Customer is a consumer (i.e. a natural person who purchases the products for purposes not related to their professional activity), shall be subject to the exclusive jurisdiction of the court of the Customer's place of residence or domicile. If the Customer is not a consumer or is resident or domiciled outside Italy, the Court of Milan shall have exclusive jurisdiction.