Definitions
Within this document, “We” and “us” refers to “retrohax.net” (the Seller). “You” refers to the customer (the Buyer). The “order”, “products” and “goods” refer to the item(s) that are purchased by the Buyer from the Seller. The terms “website” and “webstore” refers to “retrohax.net” and all associated retrohax.net, subdomains and webpages. The terms “working days” and “business days” refer to Monday to Friday excluding Sunday.
Company name: Retro-Cloud
City: Lublewo
Post code: 83050
Street: Wrzosowa
House nr.: 44
Country: Poland
VAT EU: PL9570785698
ALL CONSUMER SALES AND RETURNS ARE SUBJECT TO THE FOLLOWING CONDITIONS. WHEN YOU PURCHASE ANY PRODUCT OR SERVICE FROM US YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED IN THIS DOCUMENT.
Suitability of goods
We do not supply any goods on a trial basis. You must decide before ordering if the product is suitable for your needs and that the product is fit for the application that you intend to use it for. If you need further detailed information or have general queries about a product, contact us before placing an order. Check the compatibility of the product carefully. We do not exhaustively publish product compatibility details on the website, so you may email us to check compatibility against individual configurations.
Returning goods
All sales within the EU comply with the Consumer Contracts Regulations 2013. We will only accept returns from the original purchaser of the goods for one, or more of the following reasons:
i) The Buyer notifies us of their intention to cancel the contract and return the goods within fourteen calendar days of receiving them. The Buyer must then return the products at their own expense in good condition, complete with all accessories and any warranty seals intact within the immediate fourteen calendar days after cancellation of the contract. Only unused hardware with unbroken seals may be returned unless we have deemed as faulty/misrepresented. This does not apply to business customers.
ii) we have acknowledged that the product has been misrepresented at point of sale.
iii) the product is deemed as faulty by us under the terms of its warranty.
All returned packages must adequately be packaged. Please note that any associated shipping/packing charges related to returned products cannot be refunded and are at the customer’s expense. If an item is returned to us in a state of damage, not caused by us or any of our agents, we will immediately document the damage to the product and invoice customer for the full repair cost.
Refunds
If we process a product refund, the credit will be raised and processed back to the payment type that was originally tendered within fourteen calendar days. Refunds are made in the same currency of the original payment less any unrecoverable processing fees or costs.
If the value of the goods is found to be diminished by Buyer’s handling, then the amount refunded will be reduced accordingly.
Any enhanced shipping costs will not be refunded.
Delivery of goods
We cannot accept any liability or consequential loss for late arrival of products beyond our control. The delivery dates on the website are for guideline purposes only and may be subject to delays or delivery slippage from suppliers/shipping agents. We will try and keep you informed about any delays and we will offer a refund if we cannot dispatch the unshipped product(s) within a reasonable time. You authorize us to part deliver and/or direct deliver from our suppliers to fulfill your order.
We cannot accept liability or consequential loss for products that are lost/damaged while in the care of a shipping agent or third-party. Any damage to goods should be reported to us in writing within the immediate seven working days after the date of delivery. We reserve the right to charge for shipping and associated costs that we may incur for packages returned to us where the customer has provided an incorrect/incomplete/misleading delivery address, failed to collect the package from a local mail depot or the package has been rejected at the point of delivery.
Installation of goods
Some products designed for internal installation within a computer system may require specialist knowledge, skills, and appropriate tools. We cannot be held liable for products that are incorrectly installed and any direct and/or associated damage consequently caused, except where the installation was performed in full by our Technician(s). Unauthorized disassembly, rework or modification of a product will void the product’s warranty. It is the responsibility of the owner of data stored on a computer to fully backup before permitting work to be carried out on the computer. It is the responsibility of the person handling the products to take adequate anti-static precautions.
Warranty
All products are covered by a limited return-to-base warranty; refurbished/pre-owned products are covered for 6 months and new products are covered for 12 months. This covers product failure due to sub-standard manufacturing of the goods. The warranty does not cover accidental damage, incorrect product installation, inappropriate product use, electrical surge damage, electrostatic discharge damage, product abuse, cosmetic damage and wear-and-tear. To initiate a claim under this warranty you will have to provide sufficient proof of your original purchase from us and contact us within the guarantee period. Where applicable, all returned goods must have intact and unbroken warranty seals with serial/model numbers matching our records of the original transaction. We reserve the right to repair all defective products returned to us during the guarantee period. All repairs are warranted for 3 months. During the guarantee period, we will replace the goods for products of equal specification if a repair is not available or viable. We will refund the goods if we cannot repair or replace them while the product is still under warranty. We cannot be held liable for any consequential loss resulting from a product failure. The product warranty can only be claimed by the original purchaser of the product and is non-transferable to a third-party. We do not refund shipping costs or any costs associated with consequential loss arising from the failure of the product.
Ordering & Pricing
Prices and availability are subject to change without notice. All orders must be pre-paid in full before being delivered unless we have agreed otherwise in writing. Acceptance of an order is not confirmed until we issue an invoice and allocate stock items to the order. Please note that we reserve the right to cancel or refuse orders before dispatch for any reason including, but not limited to: suspected fraud, items displayed on our website with an incorrect price or with any other incorrect information. Errors & Omissions Excepted.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and retrohax.net will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of retrohax.net or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by retrohax.net and its licensors. You may store, print and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Retrohax.net shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and retrohax.net. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Retro-Cloud.
Security & Privacy terms
Type of Information collected
Retrohax.net is a site which offers a platform for users to buy and sell items related to retro and vintage computers and electronics.
Tracking cookies are used to validate logged users and ensure restricted access to their personal information and listings on the website. The website cannot operate without those tracking cookies, so if you do not wish to allow cookies, then you should only use the site to browse and not log on. By your continued use of the website, and logging on, you are accepting the site’s use of those tracking cookies.
Use of Collected Information
Personal Information stored on the retrohax.net server by its users is never shared with a third party and we have no access to your own passwords.
Member Contact
Retrohax.net does not contact any website visitors unless it is in connection with activity on the site, such as notification of sales, purchases or use of the messaging system. We may occasionally send a promotional email (on retro and vintage computing) to registered users, and if you do not wish to receive this information, then you should contact us directly.
Cookies
Cookies are used to keep track of unique visitors to the various advertisers, as well as internally to verify your identification listing items for sale. Information such as IP address internal session ID, user’s domain, type of Internet browser, domain of Web site are collected and used only for traffic auditing and analyzing trends.
Security
In order to ensure security and protection of collected information, all employees are aware of our security policy and practices. Web security is constantly reviewed. Access to the information is limited and only obtained through codenames and passwords. Any loss, misuse, or alteration of information is prohibited followed by appropriate action and termination of employee. This is to uphold our promise to our clients, affiliate members, and property users.
Delete/Deactivate
“Deactivating” refers to the process by which Personally Identifiable Information, upon request, is removed. Because of backups and records of deletions, it may be impossible to delete a consumer’s entry without some residual information. An individual who requests to have Personally Identifiable Information deactivated will be functionally deleted. We will not sell, transfer, or use the information relating to a deleted individual in any way. To deactivate your account, please use the contact us page on the site.
Correct and Update Information
Personal information collected through the retrohax.net website may be corrected or updated through various methods. All information may be updated by editing your profile once logged onto the site, or by contacting retrohax.net staff either through e-mail or contact form.
Contact Information
If you have any questions, comments or corrections regarding personally identifiable information obtained through us, please do contact us.
Protection of personal data – GDPR INFORMATION CLAUSE
According to Art. 13 section 1 and 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR.Please, be informed that the controller of your personal data is:
Retro-Cloud
Wrzosowa 44
83050 Lublewo, Poland
In the matter of your personal data, you may contact the controller of personal data by means of:
e-mail: [email protected]
letter to the address of the registered office: Wrzosowa 44, 85050 Lublewo, Poland
Retro-Cloud processes your personal data in order to:
Conclude a contract with you and perform it
– Legal basis for processing – Art. 6(1)(b) GDPR, i.e. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
– Period of storing personal data – until the lapse of limitation periods provided by Polish law
Data processed: Individuals: name, surname, username, delivery address, billing address, phone number, e-mail addres. BusinesCompany name, username, tax identification number (e.g. NIP, VAT), name and surname of contact person, billing address, delivery address, phone number, e-mail address
Meet legal obligations incumbent upon us based on generally applicable laws, including tax and accounting regulations
– Legal basis for processing Art. 6(1)(c) GDPR and Polish tax and accounting regulations, i.e. processing is necessary for compliance with a legal obligation to which the controller is subject
– Period of storing personal data – until the lapse of limitation periods provided by Polish law
Data processed: Individuals: name, surname, username, delivery address, billing address, phone number, e-mail addres. BusinesCompany name, username, tax identification number (e.g. NIP, VAT), name and surname of contact person, billing address, delivery address, phone number, e-mail address
Pursue or defend claims arising out of concluded contract
– Legal basis for processing – Art. 6(1)(f) GDPR, i.e. processing is necessary for the purposes of the legitimate interests pursued by the controller, i.e. for the needs of pursing or defending claims arising out of concluded contract
– Period of storing personal data – until the lapse of limitation periods provided by Polish law
Data processed: Individuals: name, surname, username, delivery address, billing address, phone number, e-mail addres. BusinesCompany name, username, tax identification number (e.g. NIP, VAT), name and surname of contact person, billing address, delivery address, phone number, e-mail address
Sales analysis and statistics
– Legal basis for processing – Art. 6(1)(f) GDPR, i.e. processing is necessary for the purposes of the legitimate interests pursued by the controller, i.e. for the needs of controller`s sales analysis and statistics
– Period of storing personal data – within 5 years from the date of contract performance
Data processed: Individuals: name, surname, username, delivery address, billing address, phone number, e-mail addres. BusinesCompany name, username, tax identification number (e.g. NIP, VAT), name and surname of contact person, billing address, delivery address, phone number, e-mail address
Provide the newsletter
– Legal basis for processing – art. 6(1)(a) GDPR, i.e. processing is based on your consent to the processing of personal data in order to use the Newsletter
– Period of storing personal data – until withdrawal of the consent to process personal data
Data processed: Individuals: e-mail addres, Busines: e-mail address
Providing your personal data is voluntary, however, it is a requirement necessary to enter into a contract.
The recipients of your personal data may be:
– IT systems providers,
– IT service providers,
– entities providing accounting services, quality of service, debt recovery, legal, analytical services
– postal operators and couriers,
– operators of electronic payment systems and banks in the scope of payments,
– bodies authorized to receive your personal data on the basis of legal provisions.
On the basis of GDPR, you have the right to:
– request access to and rectification of your personal data (Article 15 of GDPR),
– request rectification of your personal data (Article 16 of GDPR),
– request erasure of your personal data, so-called `the right to be forgotten (Article 17 of GDPR),
– request restriction of processing concerning you(Article 18 of the GDPR),
– object to processing of your personal data (Article 21 of the GDPR),
– data portability (Article 20 of the GDPR)
Consent withdrawal
– You can withdraw your consent to the processing of your data at any time.
– In case of the Newsletter withdrawal of consent to the processing of your data is tantamount to unsubscribing from the Newsletter.
– Unsubscribing from the Newsletter will result in the erasure of your data from the Newsletter distribution list.
– Withdrawing your consent to the processing of your data does not affect the legality of the processing based on your consent before its withdrawal.
Complaint to the supervisory authority
If you believe that the processing of your data violates personal data protection regulations, including the GDPR, you have the right to submit a complaint to the supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged violation.
In Poland, the supervisory authority within the meaning of the GDPR is the President of the Office for Personal Data Protection, which on 25 May 2018 replaced GIODO.