Article 1 : Scope of Application and Identification
These General Terms and Conditions of Sale (hereinafter referred to as the “T&Cs”) govern the sale of technical products and accessories for pinball machines (notably the “Pinclusive Kit”) carried out by the association Association Retroplay 44 (hereinafter referred to as the “Association”), governed by the French Law of July 1st, 1901.
- Registered office : 20 Grande Rue, 44130 Le Gavre, France
- SIREN number : 932 047 087
- SIRET number : 932 047 087 00014
- Contact : retroplay44@gmail.com
By validating an order, the buyer acknowledges having read these T&Cs and accepts them without reservation.
These products are intended for knowledgeable enthusiasts, collectors, or operators requiring accessibility or modification solutions for pinball machines.
These T&Cs are accessible at any time on the website pinclusive.retroplay.fr and shall prevail, where applicable, over any other version or contradictory document.
The Association reserves the right to modify these T&Cs at any time. The version applicable to the buyer’s purchase is the one in force on the date the order is placed.
Article 2 : Prices and Tax Regime
Product prices (hereinafter the “Products”) are indicated in euros (€) on the website pinclusive.retroplay.fr.
As the Association benefits from the VAT exemption scheme (“franchise en base de TVA”), prices are invoiced exclusive of tax.
Mandatory legal notice:
“VAT not applicable, Article 293 B of the French General Tax Code.”
Processing and shipping costs are charged in addition to the product price and are specified in the quotation provided by the Association at the buyer’s request.
Article 3 : Product Characteristics
The Products offered for sale (such as the “PINCLUSIVE Kit”) consist of electronic, mechanical, or plastic components intended to be integrated into pinball machines.
The Association makes every effort to present the essential characteristics of the Products (compatibility, voltage, dimensions) as accurately as possible on its website. The buyer is required to review them before placing any order.
Product photographs are provided for illustrative purposes only and do not form part of the contractual agreement.
The selection and purchase of a Product are the sole responsibility of the buyer.
Article 4 : Safety Warning and Required Skills
The buyer is expressly informed of the technical nature of the Products sold.
The installation of the “PINCLUSIVE Kit” or any other accessory sold by the Association requires:
- Proven technical skills in electronics and mechanics.
- Handling machines containing electrical and mechanical components, which requires mandatory power shutdown prior to any intervention.
By purchasing the Product, the buyer acknowledges having the necessary skills to perform the installation safely for themselves and for the equipment.
The Association does not provide installation services and supplies parts only.
Article 5 : Limitation of Liability
To the extent permitted by applicable law, the Association shall not be held liable in the following cases:
- Collateral material damage: Damage to the buyer’s pinball machine or any other equipment (electronic boards, fuses, connectors, dot matrix displays, etc.) occurring during or after installation.
- Installation errors: Damage resulting from improper handling, incorrect wiring, polarity inversion, or defective soldering performed by the buyer.
- Product modification: If the Product has been altered, modified, or used outside its intended purpose by the buyer.
- Technical incompatibility: If the Product does not function due to non-standard prior modifications made to the buyer’s pinball machine.
- Force majeure: Damage caused by lightning or any other force majeure event recognized by French case law.
If the Association’s liability were to be established, it shall be strictly limited to the amount of the order and shall not cover indirect damages or loss of business.
Article 6 : Orders and Payment
Upon request by the buyer, the Association provides a quotation including processing and shipping costs.
An order is deemed final only after receipt of full payment of the amount indicated in the quotation.
The Association reserves the right to refuse any order from a buyer with whom there is an ongoing dispute relating to the payment of a previous order.
Accepted payment methods are specified in the quotation (e.g. credit card, bank transfer, cheque).
An invoice is issued by the Association and provided to the buyer upon delivery of the ordered Products.
Article 7 : Delivery
Products are delivered to the delivery address indicated by the buyer during the order process.
The risk of loss or damage to the Products passes to the buyer when the buyer (or a third party designated by them) takes physical possession of the Products.
The buyer must check the condition of the packaging and contents upon receipt and make any necessary reservations or claims with the carrier if the parcel is damaged.
Ordered Products are delivered within a timeframe ranging from 48 business hours to one month from the date the order is placed.
Delivery times are provided for information purposes only.
If the Products are not delivered within 30 days after the indicative delivery date, for reasons other than force majeure or the buyer’s actions, the sale may be cancelled at the buyer’s written request in accordance with the French Consumer Code. Amounts paid shall be refunded within fourteen (14) days, excluding any compensation.
The buyer has 48 hours from delivery to submit any written claims for non-conformity or apparent defects, with supporting evidence (notably photographs). After this period, Products shall be deemed compliant and free of apparent defects.
The Association will repair, replace, or refund defective Products at its own expense, in accordance with applicable law.
Unclaimed parcels returned by carriers will incur return shipping costs charged to the buyer. Any reshipment will require payment of new shipping costs.
Article 7 bis : International Shipping and Customs
1. Prices and Taxes
- European Union: No customs formalities or additional charges.
- Outside the EU and Overseas Territories: Prices are invoiced net of French tax. No additional VAT exemption applies.
2. Customs Duties and Import Taxes
Any customs duties, import taxes, or local taxes required by destination country authorities are the sole responsibility of the buyer.
3. Refusal of Delivery for Customs Reasons
If the buyer refuses the parcel or fails to pay customs fees:
- The parcel will be returned to the Association.
- A refund will be issued minus initial shipping and return costs.
- Refunds are processed only after receipt and verification of returned goods.
Article 8 : Right of Withdrawal and Returns
In accordance with French consumer law, individual consumers have a fourteen (14) day withdrawal period from receipt of the Products.
Return shipping costs are borne exclusively by the buyer.
Due to the technical nature of the Products, returns are accepted only if Products are returned new, unused, complete, and in their original packaging. Any electronic component showing signs of installation or handling will not be accepted.
Article 9 : Legal Warranties
Independently of installation limitations (Article 5), the buyer benefits from:
- The legal warranty of conformity.
- The warranty against hidden defects.
In case of a proven manufacturing defect, the buyer must contact the Association to arrange repair, replacement, or refund.
Article 10 : Personal Data (GDPR)
Collected information is necessary for order processing and invoicing. It is neither sold nor rented to third parties.
In accordance with GDPR, buyers have rights of access, rectification, and deletion upon request.
Article 11 : Intellectual Property
The PINCLUSIVE™ product is a project designed and developed by Nicolas FIERS and is commercially distributed exclusively by the Retroplay44 association.
The name PINCLUSIVE™, the logo, the associated visual identity, and all distinctive elements are protected by intellectual property law. All rights reserved.
Open-source software components (notably BlueRetro under Apache License 2.0) apply only to the software concerned and grant no rights to the PINCLUSIVE™ name, logo, or brand.
All intellectual property rights relating to the project remain the exclusive property of their author.
Purchase does not transfer any intellectual property rights. Buyers are granted only a right of use in compliance with applicable laws and licenses.
Article 12 : Governing Law, Language, and Disputes
These T&Cs are governed by French law. They are written in French. In the event of translation, only the French version shall prevail. The Vienna Convention on Contracts for the International Sale of Goods (CISG) is excluded.
For professional clients (B2B), disputes fall under the exclusive jurisdiction of the Judicial Court of Nantes (France).
Consumers benefit from mandatory protective provisions of their country of residence. Amicable resolution is encouraged. EU consumers may use the Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr