Conditions of use

The following terms of use will be used in all sections of My Retro Library. These terms of use must be accepted with every order placed on My Retro Library.

Acceptance and availability of the General Terms and Conditions of Business

By accepting this contract, you declare:

  1. That he/she is a person of legal age and has the capacity to contract.
  2. That you have read and accept these general terms and conditions.

These general conditions, hereinafter referred to as the "General Conditions", regulate the legal relationship arising from the contracting processes carried out between the user-customers, hereinafter referred to as "the Clients", of the website located at the URL https://www.www.mibibliotecaretro.com/. The Clients accept the General Conditions from the moment they use or contract the service or purchase any product. This document may be printed and stored by the Customers. Mi Biblioteca Retro makes available to them, the email address contacto@mibibliotecaretro.com so that they can ask any questions about the General Conditions.

Applicable standards

These General Conditions are subject to the provisions of Law 7/1998, of 13 April, on General Contracting Conditions, Law 26/1984, of 19 July, General for the Defence of Consumers and Users, Royal Decree 1906/1999, of 17 December 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999, of 13 December, on the Protection of Personal Data, Law 7/1996, of 15 January 1996 on the Regulation of Retail Trade, Law 34/2002, of 11 July 2002, on Information Society Services and Electronic Commerce, Law 23/2003, of 10 July 2003, on Guarantees in the sale of Consumer Goods, Royal Decree 208/2005, of 25 February 2005 on electrical and electronic equipment and the management of their waste: Directive 2003/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment. ISO 13406-2 on plasma screens, as well as any other standard that replaces the previous ones or is applicable in Spain.

Modification of the General Conditions

Mi Biblioteca Retro may modify the General Terms and Conditions by notifying Customers sufficiently in advance, in order to improve the services and products offered through https://www.www.mibibliotecaretro.com/ by modifying the General Terms and Conditions displayed on the Mi Biblioteca Retro website, it will be understood that this duty of notification has been fulfilled.

In any case, before using the services or contracting products, the General Conditions may be consulted.

Description of products or services

Mi Biblioteca Retro products that are marketed by purchasing them through our website, grant the right of return within 60 days of receipt of the order. We will only accept returns of products in their original state, with their packaging, documentation, etc.

The offer of Mi Biblioteca Retro products is valid indefinitely and may be modified, amended or cancelled without prior notice to users and regular or occasional consumers.

Mi Biblioteca Retro makes every effort within its means to offer the information contained in the website truthfully and without typographical errors. In the event of any error of this type occurring at any time, beyond the control of Mi Biblioteca Retro, it will be corrected immediately. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on this error, Mi Biblioteca Retro will inform the customer of this error and the customer will have the right to cancel the purchase without any cost on their part.

The civil liability of Mi Biblioteca Retro for the products supplied is limited to the amount of the same, the user or consumer waives any liability to Mi Biblioteca Retro for any concept in any case of dissatisfaction with the products purchased in Mi Biblioteca Retro as well as possible failures, slow access or errors in accessing the website, including loss of data or other information that may exist in the computer or network of the user accessing Mi Biblioteca Retro.

Description of content and intellectual property

The contents supplied by Mi Biblioteca Retro are subject to the intellectual and industrial property rights of their respective owners. By accepting these conditions, the Client declares that he/she owns each and every one of the digital files in the "List of Games" section, in physical format or acquired through an official online shop, and is responsible for checking the list.

Use of the Service and responsibilities

Mi Biblioteca Retro does not guarantee the permanent availability of the services, being exonerated from any type of responsibility for possible damages caused by the unavailability of the service due to force majeure or errors in the data transfer telematic networks, beyond its control.

Mi Biblioteca Retro is not responsible for the content of links to other websites which are not owned by Mi Biblioteca Retro and which, therefore, cannot be controlled by Mi Biblioteca Retro. The client declares that he/she is aware that the information provided by Mi Biblioteca Retro through its services is not of a legal nature and is only offered for information purposes.

Privacy and Personal Data Protection

The personal data supplied for the contracting of our services and/or products will be included in an automated file whose purpose is the management of the contractual-commercial relationship, and which will be processed by the commercial department of the person responsible for the file.

Customers are also informed that the data collected will be used to send commercial communications to promote or advertise the services and products offered by Mi Biblioteca Retro. This information will only be used for these purposes and under no circumstances will it be provided or sold to third parties.

Mi Biblioteca Retro makes the e-mail address contacto@mibibliotecaretro.com available to Customers so that they can object to the aforementioned processing and/or revoke their consent.

Mi Biblioteca Retro declares that it complies with current legislation regarding data protection, in particular Organic Law 15/1999, of 13 December, on the Protection of Personal Data and Royal Decree 994/1999, of 11 June, which develops the aforementioned organic law. Mi Biblioteca Retro notifies its Clients that they have at their disposal the rights of access, rectification, cancellation and opposition guaranteed by current legislation.

Notifications

All notices, summons, requests and other communications to be given by the parties in connection with these General Terms and Conditions shall be in writing and shall be deemed to have been duly given when delivered by hand or sent by ordinary mail to the other party's address or e-mail address, or to any other address or e-mail address that each party may indicate to the other party for this purpose.

Invalidity and inefficiency of the Clauses

If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and the General Conditions shall remain in force in all other respects, and such provision or the part thereof that is affected shall be deemed not to have been included in these General Conditions.

Prices and payment methods

Mi Biblioteca Retro makes every effort within its means to offer the information contained in the website truthfully and without typographical errors. In the event of any error of this type occurring at any time, beyond the control of Mi Biblioteca Retro, it will be corrected immediately. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on this error, Mi Biblioteca Retro will inform the customer of this error and the customer will have the right to cancel the purchase without any cost on their part.

The prices, characteristics and availability of the products marketed by Mi Biblioteca Retro may vary and the customer will be informed before accepting any order.

The price of the product is the price in force at the time the order is accepted by Mi Biblioteca Retro. In the event that a Customer places an order at the wrong price, Mi Biblioteca Retro will inform the Customer of the correct price and, should the Customer wish to continue with the order, the price corrected by Mi Biblioteca Retro will be applied.

All product orders are subject to acceptance of the order by My Retro Library. My Retro Library will not ship any products, or provide access to any virtual products, until its administration department has verified that payment has been made.

In the event of non-payment by the Client, in whole or in part, on the due date agreed for one or more shipments of products, Mi Biblioteca Retro may suspend or cancel any outstanding shipment or Contract, without incurring liability for any damages or losses, including loss of profit, or damages for delay or loss of production caused to the Client. The foregoing power of Mi Biblioteca Retro shall in no event relieve the Customer of its contractual obligations with respect to payments due and receipt of products.

In the event of a delay in the receipt or withdrawal of the goods by the Client, Mi Biblioteca Retro shall be entitled to store the goods, at the Client's risk and expense, at its premises or those of a third party, and the Client shall be obliged to pay the costs incurred by Mi Biblioteca Retro.

The prices indicated on our website include 21% VAT, (shipping costs and possible fees for cash on delivery not included), which will be broken down in the final step of the purchase and will be reflected in the invoice.

Methods of payment

  1. Credit or debit card: Immediate payment without commission.
  2. PAYPAL: PayPal is the global leader in online payments and is basically a secure payment system in which the user opens an account in the system that subsequently allows you to make payments in many online shops around the world, using your credit or debit card. PayPal will be the only one who will have your bank details being an intermediary between you and Mi Biblioteca Retro. This payment method is immediate, the moment you make the payment, we receive it and process your order (after verifying that the details are correct). To register or obtain more information visit www.paypal.es, Paypal site for Spain or www.paypal.com Paypal main site. These links are external and link to pages with their own terms of use and/or privacy policy. There is no extra charge to the customer for this payment method.

Warranty rules. Limitation of liability

For sales made to end customers, the seller is liable for any lack of conformity that becomes apparent within two (2) years of delivery of the goods. However:

If the lack of conformity becomes apparent during the first six (6) months after delivery of the product, it is presumed that the lack of conformity existed when the product was delivered.

From the sixth month onwards, the consumer must prove that the lack of conformity existed at the time of delivery of the goods.

Deficiencies caused by negligence, knocks, improper use or manipulation, unsuitable voltage, incorrect installation not carried out by the authorised Technical Service where applicable, or materials subject to wear and tear due to normal use are not included.

In the case of computer goods, the warranty does not cover virus removal, restoration of programs for this reason or reinstallation of the disk caused by the erasure of the disk.

In those incidents that justify the use of the guarantee, the repair, replacement of the article, discount or refund will be chosen in accordance with the legally established terms.

The guarantee shall lose its value:

  • If any of the information on the order or on the proof of purchase is modified, altered or replaced.
  • If both the identification number and the guaranteed device itself are tampered with or repaired without the knowledge of the Technical Service.
  • If you do not have the purchase invoice.

The Customer shall use the goods in accordance with the manufacturer's user manual and instructions. Mi Biblioteca Retro shall not be liable for any damages to the Customer, or any third party, resulting from failure to observe the instructions contained in the user manual or safety regulations of the goods. Mi Biblioteca Retro will not be held responsible for incorrect configuration or installations or equipment failure caused by a component not supplied by Mi Biblioteca Retro.

The warranty will be invalid under the following circumstances: Knocks and/or inadequate transport, faulty installations and/or installation errors, installation and/or connection of peripheral elements not compatible with the product, inadequate supply voltage, manipulation by personnel other than Mi Biblioteca Retro technical service or the manufacturer, or manipulation of any seal or identification/control label, fault or negligence of the Client or third party, or normal wear and tear due to use, damage due to natural phenomena or catastrophes such as storms, floods, lightning, earthquakes, fires, etc, whether or not they affect the power supply; incidents due to problems with software or computer viruses.

In order to carry out repairs, Mi Biblioteca Retro may replace parts or the entire unit at its discretion. The classification of the fault, and whether or not it is covered by warranty, will be the responsibility of Mi Biblioteca Retro. All repairs must be authorised by Mi Biblioteca Retro. Transport costs for sending defective products shall be borne by the Customer at their own risk. Once the product has been repaired, it will be returned: Carriage paid if it is under warranty; carriage paid if it is out of warranty or if it has to be sent to places other than the Spanish peninsula.

In the event of non-conformity of the specifications of the product with those indicated by the manufacturer or claims for defects or obvious faults in the materials or workmanship, quality, quantity or other, the Customer must notify Mi Biblioteca Retro in writing, by a means that provides proof of receipt.

Repairs shall require the presentation of a copy of the invoice and a detailed description of the defects. In the event that the manufacturer has a technical service for its product, the Customer may contact it directly.

The Client is obliged to make a backup copy of the data at their own risk before delivering the product to Mi Biblioteca Retro for repair or testing. The total liability of Mi Biblioteca Retro, for whatever reason, shall in no case exceed the total value of the defective goods supplied. Mi Biblioteca Retro shall in no event, except as provided for in this clause, be liable for any damages whatsoever, in particular for loss of profit, or damages for anticipated results, delay or loss of production. Any liability for loss of or damage to information or data records is also expressly excluded. In any case, the Client shall be obliged to make appropriate back-up copies to enable the reconstruction of lost or damaged data.

The indemnities provided for in this clause shall exclude any other indemnities due to defects or shortcomings in quality or quantity.

The products marketed by Mi Biblioteca Retro are guaranteed by the manufacturers, or by Mi Biblioteca Retro, so the guarantee will be applicable and subject to the manufacturer's conditions.

Changes, cancellations and refunds

Product changes

Mi Biblioteca Retro cannot replace a product or product model without prior consultation with the customer.

If, for reasons beyond our control, the customer is unable to purchase the product requested, they have the right to cancel their order, in which case Mi Biblioteca Retro will give them a voucher to exchange it for any product they wish within one (1) month from the date on which they do not accept the exchange, in one or more purchases, deducting the amount of the voucher. Or, if the customer so requests, the amount paid will be credited by bank transfer to the account indicated by the customer.

Virtual products are in no case refundable.

Cancellation of the order

If the buyer decides to cancel the order, Mi Biblioteca Retro will exchange the amount paid for a voucher with the same amount, to be exchanged for any product you want with a limit of one (1) year from the date of cancellation. Or, if the customer so requests, the amount paid will be credited by bank transfer to the account indicated by the customer.

If the reason for the cancellation is beyond the control of Mi Biblioteca Retro, the amount to be paid will be reduced by the commissions charged (if any) by the payment method selected by the customer.

If an order is cancelled after it has already been confirmed and dispatched, the Customer shall be liable for the transport and processing costs incurred.

Virtual products are in no case refundable.

Returns

Products in perfect condition: if the customer is not satisfied with the product within 60 days following the contract, Mi Biblioteca Retro will exchange the amount paid for a voucher for the same amount, which can be exchanged within a period of one (1) month from the date of receipt of the return, for any other product of the same amount, higher or lower, or will refund the amount.

If the reason for the return is unrelated to Mi Biblioteca Retro, the amount to be paid will be reduced by the commissions charged (if any) for the payment method selected by the customer, as well as any possible promotions or discounts that may be cancelled when returning the product or products.

Returns of goods will not be accepted after 60 days from receipt of the Product for credit; it being understood that the credit will imply a credit note in favour of the Customer to be offset against future purchases.

The costs arising from the return of the product shall in all cases be borne by the Customer, except in cases of replacement of defective products.

The buyer must pay the direct costs of returning the product and compensate for any damage to the product.

The return of the products will be made by sending the product, with its original packaging and with all its accessories.

Virtual products are in no case refundable.

Our returns department will check that everything is correct and in perfect condition and, if necessary, will authorise the administration department and inform the customer via email.

Product returns will not be accepted without enclosing the invoice or proof of purchase.

The following products will not be accepted for return:

  • Products that are not in perfect condition, with their original packaging and with all their original accessories; nor those products that are deteriorated, damaged, show signs of having been tampered with or altered, or that have been used in an abusive or negligent manner by the customer.
  • Software that has been unsealed by the purchaser, as well as computer files that have been supplied electronically.
  • Consumable products, software, video films, video games, and other similar products under seal, which can be reproduced or copied, when they have been opened or unsealed by the customer.
  • Products that have been configured according to the customer's specifications, ordered to order or customised according to the indications provided by the customer.

If the Customer cancels a confirmed order when it has already left Mi Biblioteca Retro's premises for the destination, or does not accept the package on arrival, Mi Biblioteca Retro may demand payment of the transport costs incurred.

If the Customer cancels or does not accept confirmed orders concerning products expressly purchased by My Retro Library for the Customer, My Retro Library may demand payment of a minimum compensation of 50% of the purchase price, as compensation for damages, as well as all transport and storage costs.

Defective products

In this case Mi Biblioteca Retro, will act according to the guarantees of the manufacturers and RMA, mentioned in the present conditions of purchase and taking into account Law 23/2003, of 10 July concerning the guarantees in the sale of consumer goods, as well as that relating to ISO 13406-2 on plasma screens.

Misuse of the product

Under no circumstances will Mi Biblioteca Retro be held responsible in the following cases:

  1. If the product(s) have received, after being delivered to the customer, any deterioration caused by external events, accidents, poor following of instructions or change in electrical voltages.
  2. If the product(s) supplied by Mi Biblioteca Retro are damaged as a result of incorrect configuration or installation by the customer of software, hardware or peripherals.
  3. If the product(s) supplied by My Retro Library are damaged by a component not supplied by My Retro Library.
  4. Any misuse of the product that is indicated in the particular guarantees stipulated by the manufacturer.
  5. No returns will be accepted on sales of products that can be immediately reproduced or copied.

Transport

The amount of the transport will be included in the customer's invoice, and will be visible in the last step of the purchase process.

The carrier will be the one agreed by Mi Biblioteca Retro, and of which the Client will be informed.

If the Customer notices any breakage in the package, he/she should make an incident report on the same delivery note at the time of delivery, indicating that the package is broken and contact Mi Biblioteca Retro to notify this situation.

If the customer does not notice any external damage to the package when receiving it, but when opening it he/she notices any damage caused by the transport, he/she must notify the transport company within 24 hours to record this and contact Mi Biblioteca Retro. Otherwise, it will be understood that the Product has been accepted as conforming. Once this period has elapsed, the transport company considers that the material sent is in perfect condition and will not be held responsible for any damage.

Transport delays: Mi Biblioteca Retro cannot be held responsible for any delays caused by transport delays:

  • Incorrect or incomplete address.
  • Do not provide a contact telephone number.
  • Strikes by transport workers.
  • Delays due to transport agency collapses.

Mi Biblioteca Retro will indicate the delivery address to the transport company as indicated by the customer when placing the order. After delivery of the package by Mi Biblioteca Retro to the transport company, any change of address or delivery service, which is subject to an additional cost, will be at the customer's expense.

Delivery time

Although Mi Biblioteca Retro will always try to meet them with all its means, the deadlines for the delivery of the material are merely informative, not being binding in any case for Mi Biblioteca Retro. The standard shipping method for mainland Spain is a 24/96 hour service, which indicates a delivery time of up to 5 working days after the package has been handed over to the transport company. In the delivery of the package the transport company is not obliged to make any call to notify the delivery.

Unless otherwise agreed in writing with Mi Biblioteca Retro, the Customer shall not be entitled to request the cancellation of an order or any compensation (including reimbursement of postage) in the event of a delay in the delivery of the Product due to circumstances beyond the control of Mi Biblioteca Retro.

Jurisdiction and venue

This contract is governed by Spanish law, and in particular, by ordinary civil law.

Language of the contract

The language in which the contract is drawn up is Spanish.

en_GBEnglish