Terms and conditions of sale
Last updated: [DATE]. Applicable to orders placed on the online shop operated by [RAISON SOCIALE]. This English version describes the same contract, governed by French law; in the event of a discrepancy, the French version prevails.
1. Purpose and scope
These terms govern the sale of refurbished arcade cabinets, their accessories and related services offered on the online shop by [RAISON SOCIALE] (“the Seller”) to any individual or company placing an order (“the Customer”).
They apply both to consumers and to business customers. Some provisions — the right of withdrawal, the legal guarantee of conformity — benefit consumers only, and are marked as such. Placing an order implies unreserved acceptance of these terms.
2. Seller identity
[RAISON SOCIALE], [FORME JURIDIQUE] with share capital of €[CAPITAL], registered
office at [ADRESSE], registered with the [VILLE RCS] trade register under number [SIRET],
VAT number [TVA INTRACOM].
Email: [EMAIL] — Telephone: [TÉLÉPHONE].
3. Products
The cabinets offered are second-hand, refurbished machines. Each listing is a single, unique item: the cabinet delivered is the one photographed and described on its page, not a catalogue model.
Every cabinet goes through a full test procedure whose report, findings and unretouched photographs are published on its page. Marks of use normal for a second-hand machine are disclosed there and do not constitute a lack of conformity where they were made known to the Customer before the order.
4. Prices
Prices are shown in euros, including French VAT, excluding delivery. The net amount and the VAT are broken down in the order summary. Delivery charges depend on the destination department and are shown before the order is confirmed; collection from the workshop is free of charge. The applicable price is the one displayed when the order is confirmed.
5. Orders
The Customer selects one or more cabinets, provides contact and address details, chooses a delivery and a payment method, and confirms the order after accepting these terms. A confirmation email is then sent. The sale is complete only upon payment in full.
Reservation. Each cabinet ordered is reserved for the Customer for seven (7) days. If payment is not received within that period, the reservation lapses automatically and the cabinet is put back on sale, with no right to compensation.
As every item is unique, a cabinet can only be sold once. Where orders are placed simultaneously, only the first confirmed is retained; the Seller informs the Customer and refunds any amount already paid.
6. Payment
Payment is made either by bank transfer or by PayPal. Bank details and the reference to quote are given when the order is confirmed and by email. No card data passes through or is stored by the shop; PayPal payments are handled by PayPal under its own terms.
Failure to pay within the reservation period automatically cancels the order. Between businesses, late payment gives rise, without prior notice, to interest at the European Central Bank rate plus 10 points and to the fixed recovery indemnity of €40 provided for by article L. 441-10 of the French commercial code.
7. Delivery and collection
Delivery is made in mainland France by a specialist carrier, to the foot of the building or the threshold of the home depending on access. The carrier arranges a time slot by telephone: a reachable number is essential.
Indicative lead times are given on the delivery page and repeated in the order summary; they run from receipt of payment. Collection from the workshop is free of charge, by appointment, at [ADRESSE]; a suitable vehicle is required, as a cabinet commonly weighs more than 90 kg.
Deliveries outside mainland France — including the rest of Europe and the French overseas departments — are not available to order directly and are subject to a prior quotation.
On delivery, the Customer should inspect the machine in the carrier's presence and record precise, detailed reservations on the delivery note, confirming them to the carrier by registered letter within three days, not counting public holidays (the exact wording of article L. 133-3 of the French commercial code). A general wording such as “subject to unpacking” has no value.
8. Transfer of title and risk
Products remain the property of the Seller until paid for in full. Risk passes to a consumer Customer upon physical delivery into their hands or those of a third party they have designated (article L. 216-4 of the French consumer code), and to a business Customer upon handover to the carrier.
9. Right of withdrawal
This section benefits consumer Customers only.
A consumer Customer has fourteen (14) days from receipt of the product to withdraw from the contract, without giving reasons and without cost other than as set out below (articles L. 221-18 et seq. of the French consumer code). Withdrawal is notified by an unambiguous statement sent to [EMAIL] or [ADRESSE] before the period expires; a model form is annexed below.
Return. The product must be sent back no later than fourteen (14) days after that notification, in a resalable condition and, as far as possible, in its original transport packaging. Given the weight and size of the cabinets, return costs are borne by the Customer. As a cabinet cannot, by its nature, be returned by post, the cost of returning it is estimated — as required by article L. 221-5 3° of the French consumer code — at from [COÛT DE RETOUR] € depending on the destination; at the Customer's request the Seller can arrange collection by its own carrier and re-invoice the actual cost. The Customer may be held liable for any diminished value resulting from handling beyond what is necessary to establish the nature and proper functioning of the product.
Refund. The Seller refunds all sums paid, including standard delivery charges, no later than fourteen (14) days from the notification of withdrawal, using the same means of payment as the original transaction. As the law allows (article L. 221-24 of the French consumer code), the Seller may however withhold the refund until it has recovered the product or until the Customer has supplied proof of its dispatch, whichever happens first.
Exceptions. The right of withdrawal does not apply to the contracts listed in article L. 221-28 of the French consumer code. The Seller states that it does not treat its cabinets as goods “made to the consumer's specifications or clearly personalised”: refurbishment, the choice of a game or a setting made before dispatch do not remove the right to withdraw. That exception is therefore not relied upon.
10. Legal guarantees
All products carry the legal guarantees, independently of any commercial warranty.
Legal guarantee of conformity (articles L. 217-3 et seq. of the French consumer code, for consumers): the Seller is liable for lack of conformity existing at delivery for two (2) years. For second-hand goods, a defect appearing within twelve (12) months is presumed to have existed at delivery, so the Customer does not have to prove it during that period. The Customer may require repair or replacement and, failing that, a price reduction or rescission of the sale.
Guarantee against hidden defects (articles 1641 et seq. of the French civil code, for all Customers): the Customer may act on the ground of hidden defects that make the goods unfit for their purpose, within two years of discovering the defect, and obtain rescission of the sale or a price reduction.
Claims under these guarantees are made to [EMAIL]. Enforcing the legal guarantee of conformity is free of charge for the Customer.
The consumer has two years from delivery of the goods to enforce the
legal guarantee of conformity where a lack of conformity appears. During that period the
consumer only has to establish that the defect exists, not when it appeared.
The legal guarantee of conformity entitles the consumer to repair or replacement of the
goods within thirty days of the request, free of charge and without major inconvenience.
Goods repaired under the legal guarantee of conformity carry a six-month
extension of the original guarantee. Where the consumer asks for repair but the
seller imposes replacement, the legal guarantee of conformity runs again for two years
from the date of replacement.
The consumer may obtain a price reduction and keep the goods, or terminate the contract
and be reimbursed in full against their return, where repair or replacement is
impossible, could not be completed within one month, or causes major inconvenience. A
lack of conformity serious enough to justify it entitles the consumer to an immediate
price reduction or termination, without asking for repair or replacement first. The
consumer cannot terminate the contract for a minor lack of conformity.
Any period during which the goods are held for repair or replacement suspends the
remaining guarantee until the repaired goods are delivered.
These rights arise from articles L. 217-1 to L. 217-32 of the French consumer code. A
seller who obstructs the legal guarantee of conformity in bad faith is liable to a civil
fine of up to €300,000, which may be raised to 10 % of average annual turnover (article
L. 241-5 of the French consumer code).
The consumer also has the legal guarantee against hidden defects under articles 1641 to
1649 of the French civil code, for two years from discovery of the defect, giving the
right to a price reduction if the goods are kept, or to a full refund against their
return.
11. Commercial warranty
The Seller additionally grants a commercial warranty of [DURÉE GARANTIE] on the working order of the cabinet, covering [PÉRIMÈTRE GARANTIE]. Normal wear, consumables, and damage arising from transport arranged by the Customer, from work by a third party, from non-compliant wiring or from abnormal use are excluded. This warranty does not replace and in no way restricts the legal guarantees above.
12. Liability
An arcade cabinet is a heavy electrical appliance. The Customer must provide a stable location, compliant power supply and normal conditions of use. The Seller is not liable for damage resulting from moving, modifying or using the machine contrary to the instructions supplied. Towards business Customers, the Seller's liability is limited to the order amount and excludes indirect damage, in particular loss of profit.
13. Electrical equipment: eco-contribution and take-back (WEEE)
An arcade cabinet is electrical and electronic equipment. Accordingly:
- the sale price includes, where applicable, an eco-contribution of €[ÉCO-PARTICIPATION] per cabinet, passed on to the approved body [ÉCO-ORGANISME]; it is included in the price displayed, which is an all-in price;
- under article L. 541-10-8 of the French environmental code, the Seller takes back the Customer's old equipment of the same type free of charge, one for one, when the cabinet is delivered. A Customer wishing to use this must say so when ordering, so that collection happens on the same carrier visit; a second visit is at their expense;
- end-of-life equipment must not be discarded with household waste. Collection points are listed at [SITE ÉCO-ORGANISME], and the Seller takes back an end-of-life cabinet at the workshop free of charge.
14. Personal data
The data collected (identity, contact details, delivery address, order history) are needed to process the order, invoice it, ship it and provide after-sales service. They are processed by [RAISON SOCIALE] as controller on the basis of performance of the contract, and kept for as long as legal — in particular accounting — obligations require.
Under the GDPR (RGPD) and French data protection law, the Customer has rights of access, rectification, erasure, restriction, objection and portability, exercised at [EMAIL], and may lodge a complaint with the CNIL. Details are given in the legal notice.
15. Disputes
The Customer should first contact the Seller at [EMAIL], who undertakes to reply within [DÉLAI]. A consumer Customer may then use free consumer mediation under articles L. 612-1 et seq. of the French consumer code. The competent mediator is [MÉDIATEUR], at [ADRESSE MÉDIATEUR]. Mediation requires a prior attempt to settle the dispute directly with the Seller.
These terms are governed by French law. Failing an amicable settlement, the dispute is brought before the competent courts; a consumer Customer may bring proceedings in the courts of their own place of residence.
Annex — model withdrawal form
To [RAISON SOCIALE], [ADRESSE], [EMAIL]:
I hereby give notice that I withdraw from the contract of sale of the following goods:
— Ordered on [DATE DE COMMANDE] / received on [DATE DE RÉCEPTION]
— Order reference: ……………………………
— Consumer's name: ……………………………
— Consumer's address: ……………………………
— Date: ……………………………
— Signature (only if this form is notified on paper)