General Terms & Conditions
Last updated: January 1^st 2018

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Preface

retroplace is an internet poral for video and computer games used to manage game collections. This service comes free of charge. User may also sell and buy items on retroplace's marketplace. On successful sales, the seller has to pay a small commission (see 4. Sales Commissions).

1. Area of application

These termins and conditions shall apply to all business domains of retroplace. All services and offers by retroplace shall be rendered exclusively based on these general terms and conditions. retroplace has no control over the contents of enquiries/offers that originate from its users, as retroplace only serves as the contact mediator. If an order is placed, the ensuing contract shall explicitly not be deemed to be a contract with retroplace; any such contracts shall be concluded only between the respective buyer and the seller. The seller shall separately refer to its own general terms and conditions.

To avoid spam/fraud, retroplace reserves the right to monitor communication exchanged using retroplace's messaging functionalities.

2. Registration

A registration in accordance with these terms and conditions is a prerequisite for participation in retroplace's program. All natural persons aged 18 and above and companies are eligible for participation. retroplace reserves the right to delete any user profiles without consent.

3. General terms & conditions of sellers

By purchasing items offered on retroplace, the buyer accepts the seller's terms and conditions. These are provided on the seller's profile page.

4. Commissions

In case of successful sales, a sales commission will be invoiced to the seller at 7 percent of the price of each item sold (with a minimum of 0,50 Euro per item) plus 7 percent of the total shipping costs of an order. Commissions will be invoiced on a monthly basis for sales older than 28 days. All commissions are billed in Euro only.

The invoice will add VAT with the local VAT rate of the seller's residence if the seller's residence lies within the European Union. In this case, if a seller provides a VAT id, VAT will be charged following the reverse charge system.

Sellers from Germany will be billed adding German VAT.

5. Cancellation

To cancel a user's account, please send a cancellation request to [email protected]. All user data will be deleted and the profile closed. Any unbilled commissions will be billed according to paragraph 4.

6. Terms of use

The unauthorized use of the offer or the services of retroplace is not permitted and will be prosecuted. The direct or indirect reference to goods and services of other providers, commercial or private, is not permitted. This is especially true for offers that are in competition with retroplace. Contacts obtained via this platform may be used solely for the purpose of the service, and not for advertising other competing offers. A violation may result in the immediate termination of the account. Any claims for damages remain unaffected.

All users undertake to carefully check all their data. retroplace reserves the right to inspect all the data of a user for its correctness. However, retroplace is not obliged to perform such a check. The user shall be held exclusively liable for the legality of the information provided by them. This shall apply for all offers and enquiries as well.

For the purpose of ensuring a fair and harmonic interaction between all parties, retroplace shall not tolerate any messages in enquiries, orders or other communication via retroplace'ss platform, which are incompatible with the core ethical and/or legal values of our society. Any infringements of this provision may result in an immediate deletion of the respective account.

If a claim against retroplace is lodged by a third party as a result of an action/omission, for which a user is liable in the context of above-mentioned areas of responsibility, then retroplace, on its part, will file a claim for all the incurred losses against the respective user.

With regard to legal regulations, retroplace reserves the right to reject the applications of users, for whom there is a suspicion that they have infringed aforesaid rules. In this respect, retroplace is not obliged to specify any reasons for the denial. retroplace may also cancel the contracts of participation of any infringing parties without previous notice.

7. Marketplace offers

retroplace gives no guarantees or warranties for the products offered on the marketplace. Similarly, retroplace assumes no responsibility for the actions of users of any kind and is expressly not liable for any damages that may be caused directly or indirectly by the misbehavior of users. Any liability on the part of retroplace from the contractual relationship buyer and seller is expressly excluded.

Users shall only offer and sell original products. Explicitly prohibited is the offering of pirated items, remakes and counterfeits of any kind. This affects all components of a game. Infringements will result in the immediate termination of the user account.

8. Information

The user shall ensure that all content provided (text, image, video etc.) does not infringe any third-party rights. The user shall be held exclusively liable for any claims by a rights holder. By submitting content, the user grants retroplace unrestricted rights of use to this content.

9. Disclaimer of warranty

retroplace shall provide no warranty for the correctness of the data published or made available by users. Likewise, retroplace may not be held liable for any lost or distorted data from the website forms or for other errors in the area of data communication, which are not related to retroplace's servers.

retroplace endeavours to ensure a maximum availability of its internet services, however, it cannot guarantee permanent uninterrupted availability. Service interruptions are possible. Accordingly, any liability for losses resulting from a temporary unavailability, or an only limited availability, is disclaimed.

Any other liability of retroplace, irrespective of legal reasons, shall be limited to the amount paid until that moment by the user, who is demanding compensation. Any further claims for compensation shall be excluded. In particular, this includes the liability for tangible and intangible (consequential) damages, resulting from the wrong transmission of data due to an accidental error or technical reasons.

10. Liability of users

All users undertake to provide truthful information and they assume liability for the provided data, both towards retroplace and towards any involved third parties, in the amount of all the losses they are responsible for, including losses resulting from the provision of wrong, false or incorrect information which is not property of the respective user. Users are liable for all losses that are caused by them through the illegal dissemination of received data.

11. Liability for links

Our offer might include links to external websites of third parties. We cannot assume any warranty for this external information. The liability for these linked websites shall always be borne by their respective owners or operators. All linked websites have been checked for legal violations at the time of creation of the links. At the moment of linking, no illegal contents in these websites have been identified. However, a permanent control of all linked websites, without specific clues pointing to legal violations, cannot reasonably be expected. Once legal violations become known, the respective links will be immediately removed.

12. Severability clause

If any provision of these general terms and conditions is or becomes invalid, then it shall be replaced with the statutory regulation, which most closely reflects the business purpose of the original invalid provision. The validity of the remaining provisions shall remain unaffected. The user shall be informed about updated versions of these general terms and conditions via e-mail. Every user is entitled to object to the new version within six weeks of its receipt. If an objection is raised, the modified parts of the updated version shall be considered as rejected.

13. Place of jurisdiction

The court of Munich exclusively shall have jurisdiction. The legal relationship between user and retroplace shall be exclusively regulated by the laws of the Federal Republic of Germany.

retroplace.com
SkinBaron GmbH
Ossecker Straße 165
D-95030 Hof

E-Mail: info (at) retroplace.com

These terms and conditions apply with effect from January 1^st 2018.