General Terms of Use For All Website Users

The below terms are to be followed by all users of our website whether they are a vendor, customer or visitor checking out our site. The “Vendor Terms” section is the rules for how a vendor or seller is to conduct themselves on our website. Vendors must follow the general Terms and Conditions as well as the Terms and Conditions for set specifically for vendors.

Warranty

We provide a 90-day warranty for both video games and for consoles and accessories that you would purchase through us. The warranty includes replacement, refund or repair for non-working items ONLY. We guarantee the products that are sold are in working condition and if at any point within 90 days of purchase, your item stops working or a defect arises, we will let the customer return it for a refund, exchange or repair. Warranty does not include human error such as dropping, crushing, stepping on, water damage or anything of the likes. We will not accept a warranty return for reasons other than stated above such as buyer’s remorse, unsatisfied with purchase or you purchased the wrong item in error.

Authenticity Guarantee

We guarantee the authenticity of anything our vendors sell. We do not purchase, nor do we allow the sale of reproduction games, consoles or cartridges. The only reproduction items we would ever allow are replacement controllers or other peripherals and accessories. This is why we only accept payment through PayPal, for the buyer’s protection. If any issues arise, PayPal will mediate to resolve the issue if we cannot. We do allow modded controllers and consoles but the items must be clearly listed as such.

Return Policy

Because of the nature of this business, we only require vendors accept returns on the day of purchase or for non-working items only. We do not require vendors accept returns for damage caused by the customer. If, in any case, we accept a return against this policy, a restocking fee of 20% of the product cost will be applied (delivery fees will not be refunded). The only refunds we will give for damaged product is if the item was damaged in the delivery process.

Consent To Phone Number And Email Use

By clicking that you agree to our terms of service, you agree for us to use your phone number and email address in a couple of very specific ways but only in the way we state here unless you check the box for marketing emails on checkout. You agree that we can use your phone number for text and email updates for delivery, which is essential for us to fulfil our service, and for our delivery drivers to be able to contact you in case they need more information to assist in delivery. You also agree that we can send you a review link upon completion of order to review our company on Trustpilot.com. We will not use your information for any other purpose other than what is stated here.

Intellectual Property Policy

At Retro Games eXchange, we are committed to protecting intellectual property rights and do not tolerate any form of theft. By using our platform, you agree to abide by all US laws and rules related to intellectual property. You must not claim another person’s or company’s intellectual property as your own and must not claim to have created any items sold on the platform unless you have legitimate ownership of it. Any breach of this agreement may result in legal action against the infringing parties. Furthermore, we remind our customers that all images on our website belong to Retro Games eXchange and cannot be used elsewhere without our permission. We take intellectual property rights seriously and appreciate your cooperation in helping us maintain a fair and lawful marketplace for all.

Sales Tax Collection Policy

As a business, we are required to collect sales tax on all applicable purchases. We want to inform our customers that they may see a sales tax charge on their receipt when they make a purchase. This tax goes directly to the state or local government and is not a fee added by the business. Rest assured that we are following all applicable laws and regulations related to sales tax collection and reporting. If you have any questions or concerns about sales tax, please don’t hesitate to reach out to us for clarification. We value your trust and strive to provide transparent and honest business practices. Thank you for your continued support.

Dispute Resolution For RMA

As a customer, you have the responsibility to settle any disputes with the vendor before contacting us or PayPal. Any warranty-related disagreements must be resolved within 3 days of filing a complaint. The vendor’s interests should be taken into account, but ultimately, the customer’s satisfaction is a top priority. Without customers, vendors would not exist. If a dispute goes unresolved, and the customer brings the issue to us, we will ensure that they contacted the vendor before moving forward. If the customer’s conflict is deemed valid, we may strike the vendor’s account and issue a refund for the order, billing the vendor’s account for the amount due. Our goal is to prioritize customer satisfaction while also working with vendors to resolve any conflicts efficiently and effectively. For disputes concerning vendors own policies, we will quickly resolve if the vendor does not in the set amount of time.

Cancellation Policy

Customers are free to cancel their orders before shipping or delivery commences. However, once the item is in transit, we ask customers to refrain from canceling their order. Instead, we request them to wait for the package to arrive and initiate a return in case they no longer require it. We believe this policy is in line with industry standards and ensures a fair and efficient process for customers as well as us. Upon receipt of a canceled order prior to shipping, we will provide a prompt refund. We encourage our customers to carefully review their order before confirming to minimize the need for cancellations or returns.

Contact Form Policy

While we encourage anyone to contact us for any concerns, suggestions or general inquiries, we ask that you do not misuse our open communication policy. By using our site and our contact form or by using our email address that we provide for contact as well as our WhatsApp, you agree not to send us solicitations for services or products. You also agree not to send us spam or inappropriate materials or to misuse our contact information in a way that would harm our business. You also agree not to use our information to impersonate us or anyone on our staff to deceive or to harm others in our name.

Public Comments and Reviews Policy

We allow and encourage customers to leave reviews and comments about products and sellers on our platform. We would like to lay down some rules on how people are to conduct themselves while using our website. By leaving publics comments or reviews you agree to this policy. You must agree that your review or comment must be truthful and in no way could be used to deceive people into making a purchase. We also require that all comments or reviews are to be in good taste and not contain any vulgar or hateful language. All comments and reviews must remain on topic and only be about the subject matter that you are leaving the comment for. For example, if you are leaving a review about a game, the content of the review must only be about the game or your experience in purchasing it, which would include details about how it arrived and how the seller did in their efforts to fulfil your order. You also agree not to use the public comments or reviews to leave reviews for products or sellers that they are not intended for. An example would be, if you are leaving a review for one seller, you cannot mention that another one is better. Hateful speech includes anything that uses anyone’s race, religion, sexual orientation or gender identity in order to leave a negative comment or using such information in a way that may not seem negative but could be viewed by others as a negative, such as pointing out someone’s races or orientation in a positive way. You also agree not to use these public comments or reviews in a way to advertise other products or services whether on or off our platform. Any such violations may result in a permanent ban from out platform.

Anti-Spam Policy

By using our website you agree not to create multiple accounts in a way that would be harmful to our website or our company. You must not use things like comment bots to leave either positive or negative reviews on products to either promote or demote yourself, other sellers or other users of our platform. This type of activity will result in a permanent ban from our website.

Below is for information about our local delivery service

We would like to go over terms of service for our delivery service that our customers should be aware of.

Any vendor who has an account with us has the option to do local deliveries in their area. You buy online and they deliver.

Local Delivery will be a standard $4 charge unless a coupon or sale is active. This is not a tip, this is a delivery fee. This may change as time goes on.

Delivery fees are on a per order basis, so if you buy one game or ten or even one hundred, the delivery fee will still be the same. We make effort to get to just one address, the most we could do is not over charge for it by making you pay for each item to be delivered to the same place. How much sense would that make?

We require deliveries to be made by at least the next day. All deliveries will be made before 9pm. Individual stores may have a policy that is less than next day so please check their policies to be sure. At minimum, you will get your delivery the next day.

We are closed on Sundays and we will not respond to any emails or phone calls until the following Monday. Vendors may be open on Sunday’s but Retro Games eXchange will be closed. Vendors are not required to deliver on Sunday but may do so if they choose to.

If you are in an apartment, your package will be left in the office.

We are not responsible for stolen products. We do everything we can to make sure your products arrive safely and in good condition. We cannot use your mailbox. We will not deliver to your mailbox so please keep this in mind when you order.

Any special delivery instructions will need to be made on checkout if you want your package left in a specific location.

The customer will be provided with photo proof of delivery.

By placing an order you agree to allow us to use your name, address and phone number and share it with vendors in order to fulfil your purchased order.

You also agree that you will not cancel your order while the delivery is in progress.

Disclaimer

The photo you see on our products page may not necessarily be the exact same item you receive. The photos are used a placeholders for later products of the same quality. Any quality defects of different items we have may be listed under different item SKU’s with notes stating its differences and a price difference. We work to get the best quality but sometimes people just want to play the games and a wrinkled manual or sun faded cover art may give it a lower price. We make it very clear the item that is being sold and guarantee the quality in the title and description.

Some items when on our website may not be the first run production, ie. Black Label compared to Red Label, “Greatest Hits” for Sony PlayStation 2 or Black and yellow “Players Choice” for Nintendo Gamecube. Any time a game is highly valuable, we will always list as one or the other. For low priced games, we may use first and second run copies on the same listings.

Terms and Conditions of Service For Vendors/Sellers

Below are the terms and conditions for our Vendors/Sellers. Any time hereafter, the terms “our”, “us”, “platform”, “website” or “app” are used, it will refer to Retro Games eXchange LLC and any time the words “you”, “seller” or “vendor” are used, it will refer to the companies or individuals that will be signing up to sell on our website. Anytime hereafter, that the term, “customer” is used, it refers to users of our website/app and are the people who make purchases. For most policies, we will have a 2-strike per fiscal quarter policy. The policy where we have zero tolerance for is the authenticity guarantee policy and theft of intellectual property agreement, as well as Vendor Cancellation Agreement and Store Profile Page Agreement are excluded from this 2-strike rule as they will result in automatic termination. For everything else, if there are any complaints in violation of the policies below and it is found that you indeed have violated our agreement after an investigation, it will be counted as one strike. Everyone’s strikes restart every fiscal quarter. We understand that things happen and while we want to have a positive reputation among customers on our platform, we would also like to have a positive reputation among Vendors/Sellers as well. You must agree to the below policy to become a Vendor/Seller on out website/app. This policy may change at any time, which you will be notified of if it does change. By using Retro Games eXchange you agree to the following terms and conditions and our 2-strike rule. You are allowed 3 strikes in your first quarter with our platform.

Listing Rules

We want to make things as easy as possible for our Vendors so please see below for rules on how to create new listings.

If you someone else already has the item you are selling and a listing is created, you must “piggyback” off of that listing in order to prevent clutter from too many listings. Many Vendors may sell the same item but customers will be able to see all prices on one listing page side by side for comparison along with shipping or delivery fees. Customers will still be able to search within individual stores and by location. We also do this so vendors can list quickly without having to do much work except in the case when there are new items not already in our catalogue.
If you create a new item, you must follow the listing structure of the listings already on our site. Below will be an example. You may copy and paste this example to use as an outline when creating a listing.
Assassin’s Creed II (Playstation 3, PS3)
Genre: Action & Adventure
Release Date: November 17, 2009
ESRB Rating: Mature
Publisher: Ubisoft
Developer: Ubisoft Montreal
Model Number: #BLUS-30364
Disc Count: 1 game disc
Player Count: 1 player
Also Compatible On: none
Notes: none

UPC: 008888240129, 008888345343
Betrayed by the ruling families of Italy, a young man embarks upon an epic quest for vengeance. To eradicate corruption and restore his family’s honor, he will study the secrets of an ancient Codex, written by Altair. To his allies, he will become a force for change – fighting for freedom and justice. To his enemies, he will become a dark knight – dedicated to the destruction of the tyrants abusing the people of Italy. His name is Ezio Auditore di Firenze. He is an Assassin.

 

The only time you may create a new listing entirely is if there is significant cosmetic defects or the product you are selling is highly collectible and of extremely high value where the smallest of details make the difference in price
Listing pictures must be clear with a white background and no personalized company logos or watermarks (The only exception to this rule is if you are selling branded products that contain patented, branded or copyrighted properties such as clothing or private labeled third-party controllers, etc.)
If you suspect any other vendor selling items that contain intellectual property that belongs to you, please use the “report” option on their store page and tell us which listing is in violation of this policy. We have no tolerance for intellectual property theft and violating this rule will result in automatic termination of your account and possible legal action.
You must use legitimate photos to create new listings. You cannot use default or manufacturer provided photos unless the items you are selling are brand new and for current systems.
Listing titles must be clear and concise with no extra markups to attract extra attention such as emojis, all CAPS or extra descriptors. Below is an example of how we would like for the listing titles to be;
Assassin’s Creed II (Sony PlayStation 3, 2009) Complete

(Violating these rules may not result in strikes against your account but will result in deletion of your product listings. We will first request for it to be changed and make it hidden until fixed but may just delete it. This will be done completely at our discretion.)

Intellectual Property Agreement

We would like to go over this important topic with you to let you know that we value your intellectual property rights and have no tolerance for theft in general. By using Retro Games eXchange, you agree not claim another person’s or companies’ intellectual property as your own. You also agree to follow all rules and laws of the United States in this respect. Any violation of this agreement may result in legal action against companies or individuals who are found to have infringed on another’s intellectual property rights.
We understand that most of the items sold on this platform will be used and were created by someone else. You must agree not to claim that you created them unless you have a legitimate claim to doing so.
Waiver of Intellectual Property Rights Agreement

Because of the way that listings are done on our platform, we would like to request for you to agree to release claim on intellectual property rights for product photos. In most cases, a simple photo can be claimed as intellectual property if you are the one who took the photo. In order to use our platform, you must agree to waive any rights to individual photos you take when creating listings so that others can use them to list the same items under the same listings or for our staff to potentially use for promotional material. Any photos you upload will become property of Retro Games eXchange. The only exception to this is when the product in the photo is intellectual property such as anything that is copyrighted or patented. We would ask for written permission to use the aforementioned for promotional purposes.

Product And Listing Quality Agreement

All items sold on our website or app should be in working condition with minor defects, with any and all defects clearly described. Items that have cosmetic defects can be sold as long as they are described correctly but they MUST be in working condition. We understand that most of the items sold here will be used but we would like to uphold a reputation as THE place to shop for used video games.
Vendors must provide accurate and clear pricing and cannot cancel orders because they think they could have gotten a better price. You must let your item go for the sale price if it happens to sell before you are able to edit it.
You must agree to only upload listings that are related to gaming such as physical games, consoles, guide books, controllers and other peripherals and accessories, etc. Anything not gaming related will result in a strike against your account and selling abilities.
Clothing is allowed to be sold but only if it is gaming related or merchandising your own company brand as long as your business involves video games.
You also agree to keep your product descriptions tasteful without vulgarity or threats of violence. (Only describe what you are selling.)
You must not list and sell broken products even if it is described to be broken.

Product Categories

The product categories are set by the site administrator and cannot be changed by vendors. If you have a category for sale that we do not have, you will need to contact us by email to request a new category. We may even ask for photos to use as the stand-in image for the category you want created.

Warranty Agreement

All Vendors on our website must be able to provide a warranty for any items they sell in accordance with our warranty policy at the bare minimum. If you have a warranty period beyond our policy you must let your customers know by putting your own warranty information in your product description or on your store policy section. You may go beyond our policy but you cannot limit our policy. If you put nothing for the warranty in your descriptions for single products or store then our default warranty policy will apply. Our warranty policy is provided below.
Warranty
We provide a 30-day warranty on any video games and 60-days for consoles and accessories that you would purchase through us. The warranty includes replacement, refund or repair for non-working items ONLY. We guarantee the products that are sold are in working condition and if at any point within 30 or 60 days (Depending on item) of purchase, your item stops working or a defect arises, we will let the customer return it for a refund, exchange or repair. Warranty does not include human error such as dropping, crushing, stepping on, water damage or anything of the likes. We will not accept a warranty return for reasons other than stated above such as buyer’s remorse, unsatisfied with purchase or you purchased the wrong item in error.

Authenticity Agreement

All Vendors must abide by our authenticity guarantee. There is absolutely no tolerance for selling reproduction cartridges, burned disc games or anything that would ruin the reputation of Retro Games eXchange. The only items that would be allowed that are reproduction would be t