Terms and Conditions
TERMS OF SERVICE
This website is operated by RetroFixes. Throughout the site, the terms “we”, “us” and “our” refer to RetroFixes. RetroFixes offers this website, including
all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the
age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact
on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - PRODUCTS OR SERVICES
All incoming items for upgrades and or installation service must be in complete operational order. All incoming products will undergo testing prior to work being performed. Consoles that are sent here with an existing modification will carry an additional fee. On rare occasions the customer will be invoiced after the service is completed. We are not responsible for your item after 20 days if payment is not received. Gaming console services are limited to the United States. Current turn-around times are advertised on the ETA page.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or
product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 4 - SHIPPING & ETAs
For all services, repair work & product returns the customer will be responsible for all shipping charges. Most items ship out in 2-4 business days. ETAs (estimated time of arrival) for services are purely estimates and not guarantees. Order volume, peak season, holidays and many other factors can delay processing times. Please understand this before ordering installation, repair and or upgrade services. More information on ETAs can be found here.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and
contact you as needed.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies
or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified or updated.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless RetroFixes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any
law or the rights of a third-party.
SECTION 11 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Installation services, repair services, upgrade services, upgrade kits & modified consoles are provided as is without any guarantees or warranty. In association with the product, Retrofixes makes no warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, operational failure and/or damage as a result of end-user installation. Use of the product by a user is at the user’s risk.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall RetroFixes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.