Terms of service

OVERVIEW
Welcome to Retro Club! The terms 'we', 'us' and 'our' refer to Retro Club. Retro Club operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the 'Services'). Retro Club is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, including any policies referred to in them (the 'Terms of Service' or 'Terms'), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in accordance with the laws of the state or province where you live and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including visiting or browsing our online stores or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our stores is correct, current and complete, and that you have all the rights necessary to provide this information.
You are solely responsible for maintaining the security of your account login details and for all activity in your account. You may not transfer, sell, assign or license your account to anyone else.

SECTION 2 - OUR PRODUCTS
We strive to provide the most accurate description possible of our products and services in our online stores. However, please note that the colours and appearance of the product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and to the settings and configuration of the device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our online store.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Retro Club reserves the right to accept or decline your order at its sole discretion for any reason. Your order is only accepted once Retro Club has confirmed it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. Retro Club may not be able to honour a request for cancellation after your order has been accepted. If we do not accept an order, or if we change or cancel it, we will try to notify you by contacting you via the email address, billing address and/or telephone number you provided during the ordering process.
You may only return or exchange purchases in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service is the price that applies at the time you place the order. This price is stated in the confirmation email you receive after your order. Unless expressly stated otherwise, the prices shown are exclusive of taxes, shipping costs, handling fees, customs duties and import duties.
The prices displayed in our online stores may differ from the prices in physical stores, or in online stores or other shops operated by third parties. From time to time we may offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and correct purchase, payment and account information for all purchases you make in our stores. You agree to promptly update your account and other details, including your email address, credit card numbers and credit card expiry dates, when they change, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card details you provide are true, correct and complete; (ii) you are authorised to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the charges you incur in accordance with the prices displayed, including shipping costs, handling fees and all applicable taxes, where applicable.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing or events beyond our control. The products remain at our risk until they have been delivered to you or to a person you have nominated.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Retro Club, its affiliates or licensors, and are protected by patent, copyright and intellectual property laws of the United States and other countries.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Retro Club, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Retro Club.
The names, logos, product names, service names, design elements and slogans of Retro Club are trademarks of Retro Club or of its affiliates or licensors. You may not use such trademarks without the prior written consent of Retro Club. The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control or influence over them.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available', without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your visit to third-party websites, or to your purchase or use of any products, services, resources or content on third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before you enter into any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Retro Club uses Shopify so that we can provide the Services to you. However, all sales and purchases you make in our store are handled directly with Retro Club. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Retro Club, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with Retro Club.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transferred to and shared with Shopify, as well as with third parties that may be located in countries other than where you live, so that they can provide services to you. Please read our Privacy Policy [LINK] for more information on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, 'Feedback'), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not, now or in the future, obliged to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obliged to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not infringe the rights of third parties, including copyrights, trademarks, privacy rights, personality rights and other personal or proprietary rights. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, nor computer viruses or other malware that could in any way affect the operation of the Services or any related websites. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible and accept no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information may be provided in or relating to the Services that contains typographical errors, inaccuracies or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (including after you have placed an order).

SECTION 13 - PROHIBITED USE
You may use the Services for lawful purposes only. You may not, whether directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal or provincial laws, regulations, provisions or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or any other persons; (e) to submit false or misleading information; (f) to knowingly send, receive, upload, download, use or re-use material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activity that restricts or prevents the use of the Services by others, or that, as determined by us, may be harmful to Retro Club, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other types of malicious code that in any way affect or could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; and (e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part of them) at any time at our sole discretion and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should remain valid after termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information provided about or through the Services is made available for general information purposes only. We do not vouch for the accuracy, completeness or usefulness of this information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or anyone else who becomes aware of its content.
UNLESS EXPRESSLY STATED BY Retro Club, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Retro Club, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIMS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Retro Club, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all costs relating to losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party arising out of or resulting from (1) your breach of these Terms of Service or any documents incorporated by reference herein; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of a claim that gives rise to indemnification, provided that failure to give timely notice will not relieve you of your obligations unless you are materially prejudiced as a result. We may handle the defence and settlement of any such claim at your expense, including by engaging a lawyer, but we will not settle claims that require non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are obliged to cooperate in the defence of claims that give rise to indemnification, including by providing relevant documents.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable part will be deemed severed from these Terms of Service. Such a determination will not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in connection with these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to others without our prior written consent. Any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations to others without your consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide our Services to you are governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where Retro Club has its principal place of business. You and Retro Club consent to the jurisdiction and personal jurisdiction of the relevant court.

SECTION 22 - HEADINGS
The headings used in this agreement are for information purposes only and do not limit or affect these Terms in any way.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. We will post updates and changes on our website. It is your own responsibility to check our website regularly for changes. We will send you a notice of material changes to these Terms in accordance with applicable law. Such changes take effect on the date stated in the notice. If you continue to access or use the Services after changes have been made to these Terms of Service, this means that you accept those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at info@retro-cl.com.
Our contact details can be found below:

info@retro-cl.com