Company: BUZZ ARCADE
Registered Office: Rue Reine Elisabeth 2
Phone Number: +32491 98 92 45
General Conditions of Sale for Products Sold on: www.buzz-arcade.com
Last Update Date: 2018
Article 1 – Purpose
These conditions govern the sales by BUZZ ARCADE of Arcade Machines and Electronic Games.
Article 2 – Prices
The prices of our products are in euros, all taxes included (VAT and other applicable taxes on the day of the order), unless otherwise indicated, and excluding processing and shipping fees.
If you order from a country other than Belgium, you are the importer of the products concerned. Customs duties or other local taxes, import duties, or state taxes may be payable. These duties and amounts are not the responsibility of BUZZ ARCADE. They will be at your expense and are your full responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. We recommend that you inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
BUZZ ARCADE reserves the right to change its prices at any time, but the product will be billed based on the rate in effect at the time of order validation and subject to availability.
Products remain the property of BUZZ ARCADE until the full price is paid.
Please note: once you physically take possession of the ordered products, the risks of loss or damage to the products are transferred to you.
If you are a professional with an intra-community VAT number, after verification (copy of identity document and copy of company statutes), you can switch your customer account to a professional account. All prices will be excluding VAT. Please complete this process by emailing firstname.lastname@example.org before placing your order.
Article 3 – Orders
You can place an order:
- Online: www.buzz-arcade.com
- By phone at +32491 98 92 45 from Monday to Friday from 9 am to 6 pm.
- At the showroom: (by appointment) Rue de la Câblerie 14 in 4000 Liège.
Contractual information is presented in French and will be confirmed at the latest at the time of order validation.
BUZZ ARCADE reserves the right not to record a payment and not to confirm an order for any reason, particularly in the case of supply problems or difficulties with the order received.
Article 4 – Validation of Your Order
Any order placed on www.buzz-arcade.com implies adherence to these General Conditions. Any order confirmation implies your full and complete adherence to these general terms and conditions of sale, without exception or reservation.
All the data provided and the confirmation recorded will serve as proof of the transaction.
You declare to have perfect knowledge of this.
The order confirmation will be considered as a signature and acceptance of the transactions carried out.
A summary of the information of your order and these General Conditions will be sent to you via the email address confirming your order.
Article 5 – Payment
Payment for your purchases is made by credit card through the secure PayPal system or by bank transfer.
The card will be charged when the order is placed.
Article 6 – Withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 10 days from the receipt of your products to exercise your right of withdrawal without having to provide reasons or pay penalties.
Returns must be in their original and complete condition (packaging, accessories, instructions). In this context, your liability is engaged. Any damage to the product on this occasion may be such as to defeat the right of withdrawal.
Return costs are at your expense.
In the event of exercise of the right of withdrawal, BUZZ ARCADE will refund the amounts paid, within 14 days following the notification of your request and via the same means of payment used during the order.
If the item is used or opened, withdrawal will no longer be possible.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
- The provision of services fully performed before the end of the withdrawal period and whose execution began after the express prior agreement of the consumer and express waiver of his right of withdrawal.
- The provision of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period.
- The provision of goods made to the consumer's specifications or clearly personalized.
- The provision of perishable or quickly deteriorating goods.
- The provision of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.
- The provision of goods which, by their nature, are inseparably mixed with other items after delivery.
- The provision of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional.
- The provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
- The provision of a newspaper, periodical, or magazine, except for subscriptions to these publications.
- Transactions concluded at a public auction.
- The provision of digital content not supplied on a tangible medium whose execution began after the express prior agreement of the consumer and express waiver of his right of withdrawal.
Article 7 – Availability
Our products are offered as long as they are visible on www.buzz-arcade.com and within the limits of available stock. For products not in stock, our offers are subject to the manufacturing time in our workshops, on average 10 days.
In the event of unavailability of a product after your order, we will inform you by email. Your order will be automatically canceled, and no bank debit will be made.
Furthermore, www.buzz-arcade.com does not intend to sell its products in large quantities. Therefore, BUZZ ARCADE reserves the right to refuse orders for 10 identical items.
Article 8 – Delivery
Products are delivered to the delivery address indicated during the order process, within the time indicated on the order validation page.
In the event of a shipping delay, an email will be sent to inform you of any potential impact on the delivery time previously indicated to you.
In the case of deliveries by a carrier, BUZZ ARCADE cannot be held responsible for delivery delays solely due to the unavailability of the customer after several appointment proposals.
!!!!ATTENTION: You must open your package and check the goods before signing the carrier's delivery note. If you sign, it will be considered as delivered in good condition, and any damage warranty will be at the expense of the carrier. The return of the goods to our workshop and the repair of the damage will be at your expense.
Article 9 – Warranty
All our products benefit from the legal conformity guarantee and the guarantee of hidden defects, provided for in Articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it can be returned and exchanged.
All claims and exchange requests must be made by email within 10 days of delivery.
The products must be returned to us in the condition in which you received them with all elements (accessories, packaging, instructions...). Shipping costs will be at the customer's expense.
In the case of a warranty repair, it will be carried out in our workshops, and the round-trip transport will be at the customer's expense.
The provisions of this Article do not prevent you from benefiting from the withdrawal right provided for in Article 6.
Article 10 – Liability
The products offered comply with Belgian law. BUZZ ARCADE cannot be held responsible for non-compliance with the law of the country where the product is delivered. It is your responsibility to check with local authorities for the possibility of importing or using the products or services you intend to order.
Furthermore, BUZZ ARCADE cannot be held responsible for damages resulting from improper use of the purchased product.
Finally, BUZZ ARCADE's responsibility cannot be engaged for any inconvenience or damage inherent to the use of the Internet network, including service interruption, external intrusion, or the presence of computer viruses.
Article 11 – Applicable Law in Case of Disputes
The language of this contract is French. These sales conditions are subject to Belgian law. In the event of a dispute, Belgian courts will have exclusive jurisdiction.
Article 12 – Intellectual Property
All elements of www.buzz-arcade.com are and remain the intellectual and exclusive property of BUZZ ARCADE. No one is authorized to reproduce, exploit, redistribute, or use any elements of the site, whether they are software, visual, or sound, in any way, even in part, without the express written agreement of BUZZ ARCADE.
Any simple link or hyperlink is strictly prohibited without the express written agreement of BUZZ ARCADE.
Article 13 – Personal Data
BUZZ ARCADE reserves the right to collect personal information and data about you. They are necessary for the management of your order, as well as for improving the services and information we provide to you.
They can also be transmitted to companies that contribute to these relationships, such as those responsible for performing services and orders for their management, execution, processing, and payment.
These pieces of information and data are also kept for security purposes, to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, correct, and oppose personal information and data directly on the Internet site.
Article 14 – Archiving Proof
BUZZ ARCADE will archive purchase orders and invoices on a reliable and durable medium, constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of BUZZ ARCADE will be considered by all parties concerned as evidence of communications, orders, payments, and transactions that have taken place between the parties.
Article 15 – Games
Licensed ROMs (game files) are not included in BUZZ ARCADE's costs. You are solely paying for Hyperspin, Recalbox, Retropie configuration services, and hardware.
By paying for BUZZ ARCADE's services, you declare that you own the original games. You only grant permission to download, install, and configure the software for all sets of ROMs for your personal research purposes or to have a backup of your original games already in your possession in case of loss or wear and tear.
Game files are provided for research purposes only or if you physically own the original game to legally have the right to possess a copy in case of loss or wear and tear.
Once you have finished your research or are no longer using the game files, you are obligated to immediately delete all ROM sets (downloaded game files).
Article 16 – Responsibility for Software Use
All BUZZ ARCADE services are for private use with RPI or PC cabinets. We do not bear any responsibility if they are used for commercial or illegal purposes.
You assume full responsibility for the use of ROMs (game files) in cases where you do not have the original in your possession.
We want to emphasize that BUZZ ARCADE is not responsible for the use of licensed ROMs by anyone who purchases our products.
ROMs, also known as game files, are programmed and released by many different developers. We draw your attention to the fact that downloading illegal or copyright-protected games is punishable by law. We strongly recommend that you only use copyright-free games such as those from Mamedev.
The micro SD card provided is for demonstration purposes only. If you do not have licenses for the ROMs on the DEMO card, BUZZ ARCADE DOES NOT SELL ANY GAMES or ROMs. The systems are also 100% FREE and OPEN SOURCE.
BUZZ ARCADE IS A MANUFACTURER OF CABINETS, and games and systems are the customer's responsibility.
ONLY the Pandora box is provided with games under the manufacturer's responsibility.
Article 17 – Responsibility for Custom Sticker Designs
You can find our themes on our website; please note that all our photos are "Non-contractual photos," a term often found in advertising. Legally, this term means that there may be a difference (large or small) between what you see in the photo and the actual result.
The customer has the choice of the drawings, images, photos, or other writings to place on the cabinet. However, they retain full responsibility for their selection and for any authorization or copyright requirements that may apply to their choices.
BUZZ ARCADE does not perform checks or research on requested themes and cannot be held responsible. In other words, the customer is responsible for the content of the ordered stickers and remains solely and civilly liable.
If a design is requested from BUZZ ARCADE, it will always be created in accordance with and subject to the approval of the requester. It remains the property of BUZZ ARCADE and can be used in the BUZZ ARCADE catalog for other customers.