Terms For Vendors/Sellers

Terms and Conditions of Service For Vendors/Sellers

Below is the terms and conditions for our Vendors/Sellers. Any time hereafter, the terms “our”, “us”, “platform”, “website” or “app” are used, it will refer to Retro Games eXchange LLC and any time the words “you”, “seller” or “vendor” are used, it will refer to the companies that will be signing up to sell on our website. Anytime hereafter, that the term, “customer” is used, it refers to users of our website/app and are the people who make purchases. For most policies, we will have a 3-strike per fiscal quarter policy. The policy where we have zero tolerance for is the authenticity guarantee policy and theft of intellectual property agreement. Also, Vendor Cancellation Agreement is excluded from this 3-strike rule. For everything else, if there are any complaints in violation of the policies below and it is found that you indeed have violated our agreement after an investigation, it will be counted as one strike. Everyone’s strikes restart every fiscal quarter. We understand that things happen and while we want to have a positive reputation among customers on our platform, we would also like to have a positive reputation among Vendors/Sellers as well. You must agree to the below policy to become a Vendor/Seller on out website/app. This policy may change at any time, which you will be notified of if it does change. By using Retro Games eXchange you agree to the following terms and conditions and our 3-strike rule.

Listing Rules

We want to make things as easy as possible for our Vendors so please see below for rules on how to create new listings.

• If you someone else already has the item you are selling and a listing is created, you must “piggyback” off of that listing in order to prevent clutter from too many listings. Many Vendors may sell the same item but customers will be able to see all prices on one listing page side by side for comparison along with shipping or delivery fees. Customers will still be able to search within individual stores and by location. We also do this so vendors can list quickly without having to do much work except in the case when there are new items not already in our catalogue. 
• If you create a new item, you must follow the listing structure of the listings already on our site. Below will be an example. You may copy and paste this example to use as an outline when creating a listing.

  • Genre:	Action & Adventure
    Release Date:	November 17, 2009
    ESRB Rating:	Mature
    Publisher:	Ubisoft
    Developer:	Ubisoft Montreal
    Model Number:	#BLUS-30364
    Disc Count:	1 game disc
    Player Count:	1 player
    Also Compatible On:	none
    Notes:	none
    UPC:	008888240129, 008888345343

    Betrayed by the ruling families of Italy, a young man embarks upon an epic quest for vengeance. To eradicate corruption and restore his family’s honor, he will study the secrets of an ancient Codex, written by Altair. To his allies, he will become a force for change – fighting for freedom and justice. To his enemies, he will become a dark knight – dedicated to the destruction of the tyrants abusing the people of Italy. His name is Ezio Auditore di Firenze. He is an Assassin.

• The only time you may create a new listing entirely is if there is significant cosmetic defects or the product you are selling is highly collectible and of extremely high value where the smallest of details make the difference in price
• Listing pictures must be clear with a white background and no personalized company logos or watermarks (The only exception to this rule is if you are selling branded products that contain patented, branded or copyrighted properties such as clothing or private labeled third-party controllers, etc.)
  • If you suspect any other vendor selling items that contain intellectual property that belongs to you, please use the “report” option on their store page and tell us which listing is in violation of this policy. We have no tolerance for intellectual property theft and violating this rule will result in automatic termination of your account and possible legal action.
• You must use legitimate photos to create new listings. You cannot use default or manufacturer provided photos unless the items you are selling are brand new and for current systems.
• Listing titles must be clear and concise with no extra markups to attract extra attention such as emojis, all CAPS or extra descriptors. Below is an example of how we would like for the listing titles to be;

  • Assassin’s Creed II (Sony PlayStation 3, 2009) Complete

(Violating these rules may not result in strikes against your account but will result in deletion of your product listings. We will first request for it to be changed and make it hidden until fixed but may just delete it. This will be done completely at our discretion.)

Intellectual Property Agreement

• We would like to go over this important topic with you to let you know that we value your intellectual property rights and have no tolerance for theft in general. By using Retro Games eXchange, you agree not claim another person’s or companies’ intellectual property as your own. You also agree to follow all rules and laws of the United States in this respect. Any violation of this agreement may result in legal action against companies or individuals who are found to have infringed on another’s intellectual property rights.
• We understand that most of the items sold on this platform will be used and were created by someone else. You must agree not to claim that you created them unless you have a legitimate claim to doing so.

Waiver of Intellectual Property Rights Agreement

Because of the way that listings are done on our platform, we would like to request for you to agree to release claim on intellectual property rights for product photos. In most cases, a simple photo can be claimed as intellectual property if you are the one who took the photo. In order to use our platform, you must agree to waive any rights to individual photos you take when creating listings so that others can use them to list the same items under the same listings or for our staff to potentially use for promotional material. Any photos you upload will become property of Retro Games eXchange. The only exception to this is when the product in the photo is intellectual property such as copyrighted or patented. We would ask for written permission to use the aforementioned for promotional purposes.

Product And Listing Quality Agreement

• • All items sold on our website or app should be in working condition with minor defects, with any and all defects clearly described. Items that have cosmetic defects can be sold as long as they are described correctly but they MUST be in working condition. We understand that most of the items sold here will be used but we would like to uphold a reputation as THE place to shop for used video games.
  • Vendors must provide accurate and clear pricing and cannot cancel orders because they think they could have gotten a better price. You must let your item go for the sale price if it happens to sell before you are able to edit it.
  • You must agree to only upload listings that are related to gaming such as physical games, consoles, guide books, controllers and other peripherals and accessories, etc. Anything not gaming related will result in a strike against your account and selling abilities.
  • Clothing is allowed to be sold but only if it is gaming related or merchandising your own company brand as long as your business involves video games.
  • You also agree to keep your product descriptions tasteful without vulgarity or threats of violence. (Only describe what you are selling.)
  • You must not list and sell broken products even if it is described to be broken.

Product Categories

The product categories are set by the site administrator and cannot be changed by vendors. If you have a category for sale that we do not have, you will need to contact us by email to request a new category. We may even ask for photos to use as the stand-in image for the category you want created. 

Warranty Agreement

• • All Vendors on our website must be able to provide a warranty for any items they sell in accordance with our warranty policy at the bare minimum. If you have a warranty period beyond our policy you must let your customers know by putting your own warranty information in your product description or on your store policy section. You may go beyond our policy but you cannot limit our policy. If you put nothing for the warranty in your descriptions for single products or store then our default warranty policy will apply. Our warranty policy is provided below.

_Warranty

^{We provide a 30-day warranty on any video games and 60-days for consoles and accessories that you would purchase from us. The warranty includes replacement, refund or repair for non-working items ONLY. We guarantee the products that we sell are in working condition and if at any point within 30 or 60 days (Depending on item) of purchase, your item stops working or a defect arises, we will let you return it for a refund, exchange or repair. Warranty does not include human error such as dropping, crushing, stepping on, water damage or anything of the likes. We will not accept a warranty return for reasons other than stated above such as buyer’s remorse, unsatisfied with purchase or you purchased the wrong item in error}

Authenticity Agreement

• • All Vendors must abide by our authenticity guarantee. There is absolutely no tolerance for selling reproduction cartridges, burned disc games or anything that would ruin the reputation of Retro Games eXchange. The only items that would be allowed that are reproduction would be things such as controllers, memory cards and other peripherals. Any items that are reproductions in this regard must be clearly described in the TITLE of the item, not just in the description. Our authenticity guarantee is provided below.

_{Authenticity Guarantee}

^{We guarantee the authenticity of anything we sell. We do not purchase, nor do we sell any reproduction games, consoles or cartridges. The only reproduction items we would ever sell are replacement controllers or other peripherals and accessories. This is why we only accept payment through PayPal, for the buyer’s protection. If any issues arise, PayPal will mediate to resolve the issue.}

Shipping, Delivering and Cancellation Agreement

• • You as the Vendor takes full responsibility for delivering or shipping your product to your customers. We have varying methods of getting your sales to your customers.
    • • We use an integrated delivery driver application called ShipDay that allows you to do local delivery directly to your customers. You will need to create your own account for ShipDay which has a free option but has less features. We have found this to be enough for local delivery but you can upgrade as your business requires. You may need to provide your own drivers but customers will pay for the delivery fees and essentially pay your drivers as well. The fee will be set on a per-order basis instead of per-item. We do this to provide value to the customer while not burdening the Vendors or delivery drivers. Each delivery will be one fee whether your customer purchases 1 or 100 items from you at once.
        • • Local delivery must not be delivered beyond the next day. You, as the store owner can provide more value to your customers by delivering earlier than next day but it must not go beyond that.

• • Shipping Via Courrier Services
    • • We will be using Shippo integration and you must create your own account in order to use it. You can choose whichever carrier to ship and deliver your package that is available on their platform as long as it has tracking. Your packages MUST be trackable to verify delivery.
      • You may choose your handling time in your Vendor Dashboard page when you are shipping through the mail or courrier service.
    •  

• • Inventory Management Agreement
    • • You are also responsible for keeping your inventory up to date and accurate. Orders must not be cancelled for reason of being out of stock. Once you reach 100 sales, you will be expected to have a 3% or less cancellation rate for out of stock cancellations. Under 100 orders, you must not cancel more than 5 orders for being out of stock. The reason the threshold is higher for lower volume is because we understand that it takes time to grow into a new platform but once you gain experience using Retro Games eXchange, you will be expected to keep customer satisfaction as a priority at all times.

• • Customers Canceling Orders
    • • Customers may cancel their orders before they have been delivered but never after. You must agree to cancel the order in this situation as the customer is the one initiating the cancellation.

Return Policy Agreement

• • You do not have to accept returns and our default return policy is not to accept them except for warranty claims. If you would like to accept returns, you may do so on an individual item basis and must state so in your listing descriptions or you may put it in your Store Profile description for your entire store. If you do not state any return policy, the websites default policy will apply. Our policy is provided below.

_{Return Policy}

^{Because of the nature of this business, we will only accept returns within 3 days of delivery only for items damaged in delivery. We will not accept returns for damage caused by the customer. If, in any case, we accept a return against this policy, a restocking fee of 30% of the product cost will be applied (delivery fees will not be refunded). The only refunds we will give for damaged product is if the item was damaged in the delivery process.}

Vendor/Seller/Store Profile Page Agreement

• • You do not need to display your address on your profile page if you run your business out of your home but we would still recommend to do so.
  • You must provide either a logo for your profile or a photo of your store (Inside or outside) but must show a logo, branding or storefront signage.
  • You do not need to provide any policies unless you want to go beyond what we have already outlined in this agreement. Only what is stated that you may change based on out set guidelines are the only policies that you may change.

Tax Collection Agreement

• • We are located in the state of Texas and because of this, we are considered to have nexus in the state which requires our website to collect and pay the sales tax on all items sold from our website/app that are delivered within the state.
  • Every state has different rules and laws in regard to nexus and tax collection. Some require our sales to be a certain amount in the state before we are required to request a tax collection permit. As time goes on, we will be collecting and paying taxes in the other states that will require us to and our policy above will apply there as well.

 Payment Processing

• • We use PayPal to process payments and for the time being, this is how you will be paid. We will notify you if we add other methods later on. You must agree to PayPal’s payment policies and have an account in good standing in order to use Retro Games eXchange.

Disputes With Customers Agreement

• • You must settle disputes with your customers personally before reaching out to us or PayPal
  • All warranty disputes must be settled within 7 days of complaint and be settled with the customer.
  • If your customer brings a dispute to us, we will first make sure they attempted to settle with you, the Vendor first.
  • Customers must always come first. Without customers, we have no business.
  • If their dispute is valid, we may place a strike on your account and refund their entire order and bill your account.

Service Fees Agreement

By creating an account on Retro Games eXchange you agree to be charged commission fees based on sales

• • Commission fees for our platform will be a standard 10% of total for basic selling privileges.
  • If you would like lower fees, we have a pro plan that costs $50 per month and your commission fee will only be 5%.

(These fees do not include PayPal’s own processing fees which you can find by going to their website.)

Payment Agreement

By accepting our agreement you agree to pay for our services which we detail below;

• • We will send you invoices to pay the commission fees that you owe and any other fees due and you agree to pay these invoices within 7 days of receipt
    • • Consequences for failure to pay
        1. 1. On the 8th day after you receive your invoice, if it has not been paid, we will remove the ability for customers to see a button on your listings to add to their carts.
           2. On the 15th day of non-payment, we will remove the ability for your store to be seen at all.
           3. On the 15th day you will also receive a notice of further action to be taken if you still fail to make your payment.
           4. On the 31st day, we will remove your ability to sell on our platform for a period no longer than two years
        2.  

 (Commission may automatically taken at the time of sale but you will still be sent an invoice)

Application Process For Becoming a Vendor

While we would like to allow as many people as possible to sell on our platform, we believe this is not in the best interest of our customers or our reputation. Below we will outline the process and requirements to become a Vendor;

• • When you sign up for an account, you must click on the check box that says “I’m a vendor” and fill out all required information.
    • • Failure to fill out all required information may result in a delayed response or automatic denial.

• • You must be an authorized business entity. Sole proprietorships are allowed, but you must at least have your states Sales And Tax Use Certificate or similar documents to show that you are allowed to collect sales tax on behalf of your local government.
    • • We may call or email you to further assist you in gathering documents to prove identity and business ownership or representation. We may ask for things like your government issues ID or Passport along with supporting business documents. We will keep these on record for up to 5 years after you leave our platform.
      • Business documents we may require
        1. 1. EIN (Employer Identification Number)
           2. Articles of Organization
           3. Sales And Use Tax Certificate
           4. DBA (Doing Business As document)
        (You need to upload these documents in your vendor dashboard in Settings > Verification)
      • We will call you to get your store shipping and delivery zones setup. Every vendor will have a separate zone they are assigned for delivery services, even if they do not want to deliver right away or ship, we will still call you to set it up and just disable it in the settings until you request we enable it.
      • We have a highly customizable shipping program where you can choose however you want to charge for shipping, from set rates based on class or live shipping quotes with Shippo, and even printing labels from your vendor dashboard. 
      •  

        You must provide a valid business address. This address may be a residential address if you plan to use your home to ship and deliver the products that you sell. You do not necessarily need to display it on your profile page but we would recommend doing so in order to capture the local delivery audience. We have no problem if all you want is to ship your products.

Avoiding Fees Agreement

By using Retro Games eXchange you must agree to some basic common courtesy that we will outline below;

• • When receiving phone calls, emails or other communication from customers, you may not hold the item so they can make the purchase in store or allow them to make a purchase over the phone in order to avoid commission fees. They must pay through our website/app and select the “in-store pickup option”. If you sell anything else while they are in your store, we have no control over that.
    • • To ensure the best services for the customers we will be performing mystery shopping at random in order to test compliance to this rule. Any violation of this rule will result in automatic termination of your account.

Promotions Agreement

From time to time, we may run promotions either on individual titles or entire categories. You must agree to this as a Vendor on Retro Games eXchange

• • When we run a promotion we will notify you at least 7 days in advance of the promotion,
  • When we run the promotions, any items you have listed under our promotion description will be put on promotion as well.
  • If you do not wish to participate in the promotion, you will have the option to opt out by hiding your affected listings or removing them entirely.
  • We agree as well to give you ample time to decide if you will participate which is the 7 day notice.
  • We may reimburse you for the promotion by giving you a fee credit for the amount of the total discount given to the customer.
  • We will let you know if you will receive a credit in our communications to you about the promotion.
  • If in any case that your entire catalog is up for promotion and your bill credit exceeds the fees you would have to pay, then your balance will be zero.

•  
• Vendor Promotions

• • As a vendor you will have the option to run promotions on your entire catalogue or on individual items. You also have the ability to give your customers discount codes. You can run your own promotions as often as you would like.

Communications With Customers Agreement

This section will give you guidelines on how to respond to customer reviews and customer communications.

While we cannot monitor your communications outside of public reviews on our website, your customers will still be able to report you for how you treat them. We do this too establish a positive environment for users of Retro Games eXchange.

• • You cannot use profanity in responding to customers reviews on our platform.
  • You cannot threaten customers.
  • You cannot personally identify the individuals that leave reviews.
  • You cannot share their personal information beyond what is necessary for fulfilment of orders.
  • You cannot make any reference to race, nationality, gender or sexual orientation when responding to a customer in a way that is derogatory, harmful or discriminatory in any way.
  • Responses to customers must remain on topic and in good taste.

•  
• (By agreeing to our policy, you agree that Retro Games eXchange LLC is not responsible for any injuries, deaths, loss of income by way of robbery caused by fulfilling your service and business obligations to your customers or any other reason while using our website or app. You also agree not to hold us liable for any business losses in general. We do not guarantee your businesses success by using our platform and any risk taken is a risk assumed by the person or entity taking said risk. By using Retro Games eXchange, you also agree to use vehicles furnished by your or means and any maintenance of said vehicle comes under the responsibility of the owner. You are agreeing that there is a risk in doing door to door deliveries such as vehicle accidents resulting in injuries and even death. You also acknowledge that there is a risk of robbery when doing deliveries and by agreeing to these terms you agree not to hold us liable for any damages that can result in these assumed risks. You also agree to do your own bookkeeping. While we have some tools to help you, we are not responsible for your businesses book keeping and you agree not to hold us liable for anything such as tax liens or overdue taxes or for paying your business expenses. Any risk that can be assumed in running a business is a risk that you, the vendor is taking of your own volition and agree not to hold us liable or any loss due to your assumed risk.)