T&C's

The boring bit

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and SORE THUMB RETRO GAMES , the owner and operator of this Website.

Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by SORE THUMB RETRO GAMES and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to SORE THUMB RETRO GAMES and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of SORE THUMB RETRO GAMES , our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
3. retrieve, display and view the Content on a computer screen
4. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of SORE THUMB RETRO GAMES.

Prohibited use

1. You may not use the Website for any of the following purposes:
2. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
3. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
4. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

1. You must ensure that the details provided by you on registration or at any time are correct and complete.
2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

1. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
2. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SORE THUMB RETRO GAMES or that of our affiliates.
2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click Privacy Policy on the website.

Availability of the Website and disclaimers

1. Any online facilities, tools, services or information that SORE THUMB RETRO GAMES makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. SORE THUMB RETRO GAMES is under no obligation to update information on the Website.
2. Whilst SORE THUMB RETRO GAMES uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
3. SORE THUMB RETRO GAMES accepts no liability for any disruption or non-availability of the Website.
4. SORE THUMB RETRO GAMES reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
3. To the maximum extent permitted by law, SORE THUMB RETRO GAMES accepts no liability for any of the following:
4. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
5. loss or corruption of any data, database or software;
6. any special, indirect or consequential loss or damage.

Under UK law, consumers have specific rights regarding refunds:

1. Legal Rights to Refunds

Faulty or Misdescribed Goods: If an item is faulty or does not perform as expected, you are entitled to a full refund within 14 days of purchase. Exemptions: Certain items are exempt from the right to cancel, including: Personalised or custom-made items Perishable goods Unsealed CDs, DVDs, or software Newspapers, books and magazines Items that have been unwrapped or used Items sold as faulty or not working Alterations to Products including but not limited to hardware and software modifications Hardware (i.e. Consoles) and Cartridge Games opened up or unscrewed The items are not returned by the original buyer. If purchased by card, the original buyer will be the owner of that payment method. These exemptions are in place to protect both consumers and businesses.

2. Refund Process

When a refund is requested, we initiate the process promptly. It is to be acknowledged we are a small local business and there may be natural delays, we aim to process all refunds as promptly as possible:

Website Orders

Initiation: Refunds are processed through our payment processor, Stripe. Processing Time: According to Stripe's terms and conditions, after a refund is initiated, it is submitted to your bank or card issuer. The refund typically appears as a credit on your account within 5–10 business days, depending on your bank. Failed Refunds: In some cases, refunds may fail if the bank or card issuer cannot process them correctly. In such instances, the refunded amount is returned to us, and we add it back to our Stripe account balance. This process can take up to 30 days from the refund request.

Instore & Non-Local Orders

Refunds will be made by the original method of payment.

· Cash Payment: Cash refunds will be processed at the time of requesting if the buyer is at the shop in person. If The customer can not make it in to the shop within the 14 days, an alternative method will be suggested. This may alter Customer Responsibilities.

· Card Payment: Card refunds will only be processed on the original card used for payment. If The customer can not make it in to the shop within the 14 days, the refund may be processed over the phone if approved by a staff member. This will alter Customer Responsibilities.

· Confirmation of Refund: Agreement that the refund is processed will be taken by our Processing book. In the agreement we will need but may not limit to: Full Legal Name, Full Address and Signature approving refund. We may also ask for a form of contact and to see a legal document with photo for example Passport or Driving license. This legal document must be in date if required. All information is store under UK Data Protection law.

3. Customer Responsibilities

To facilitate a smooth refund process, we request that customers:

Provide Proof of Purchase: A receipt or order confirmation helps us verify the transaction. Return Goods Promptly: return the goods within 14 days in their original condition. Contact Us Directly: Reach out to our customer service team with any concerns or questions regarding refunds. The fastest responses typically come from Facebook. Facebook: www.facebook.com/sorethumbretrogames Instagram: @sore.thumb.retro.games www.instagram.com/sore.thumb.retro.games Email: sorethumbretrogames@gmail.com

4. Our Rights as a Seller

As a seller, we retain certain rights:

Right to Refuse Refunds: We may refuse a refund if the goods are returned after the 14-day period, are damaged, originally sold as fault/broken/damaged/spares & repairs or are not in their original condition. Right to Inspect Returned Goods: We reserve the right to inspect returned items to ensure they meet the criteria for a refund. Right to Offer Alternatives: In some cases, we may offer a replacement or repair instead of a refund, depending on the circumstances.

5. Consumer Protection

We adhere to the Consumer Rights Act 2015, which ensures that:

Goods Must Be of Satisfactory Quality: Items should meet the standards a reasonable person would expect or explained. Goods Must Be Fit for Purpose: Items should be suitable for the purpose they are sold for. Goods Must Match Description: Items should correspond to any description provided. This includes written and verbal descriptions.

General

1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

SORE THUMB RETRO GAMES details

1. SORE THUMB RETRO GAMES of 7 Gillygate, York, YO31 7EA operates the Website www.sorethumbretrogames.com. The registered VAT number is 249260594.

You can contact SORE THUMB RETRO GAMES by email on sorethumbretrogames@gmail.com.

Attribution

1. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).