Access to online sales on the website www.vgnysoft.com implies unreserved acceptance of the following provisions:
Article 1: General Information
These general terms and conditions of sale of www.vgnysoft.com define the rights and obligations of the parties in connection with the sale of products by VGNYsoft.com to the customers of the www.videogamesnewyork.com website (hereinafter referred to as “the Website”).
The customer declares that he/she has read and accepted the rights and obligations relating thereto. Any order made on the services is governed by these terms and conditions.
Article 2. Site Usage
This site is provided on an "as is" basis. VGNYsoft.com makes no representations or warranties of any kind, expressed or implied, as to the operation of the site, the information, the content, the materials, or the products, included on this site to the full extent permissible by applicable law. Videogamesnewyork.com disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. VGNYsoft.com will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive, and consequential damages.
Article 3. Acknowledgement.
By purchasing a product from us, you agree and understand that all products sold by us are adult collectibles that are not intended for children.
TERMS OF SALE
Article 4: Modifications to the services and prices
Prices for our products and/or services are subject to change without notice. We reserve the right at any time to modify or discontinue Products and/or Services without notice at any time.
Article 5. Product Compatibility
VGNYsoft.com is not responsible for any damages or monetary loses due to product incompatibility regarding, different electrical standards, and video signals. It is up to the customer to determine if any products purchased from this website is usable in their location of the world. Refunds will not be made for product incompatibility reasons.
Article 6 - Errors and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Article 7 - Limited Quantities.
Some products on the Service will be available for purchase only in limited quantities by each purchaser. Any attempt to circumvent these limitations (like creating multiple accounts, pooling purchasers from the same household using the same payment method, group purchases for resale or anything else that we think you are doing just to get around the limits) is prohibited and can result in a ban from the Service and a Termination of the account.
Article 8 - Cancellation/Termination
All sales are considered final. We may, in our discretion, allow cancellation of an order prior to shipment, but we are not required to do so. VGNYsoft.com have the right, in its sole discretion, to refuse or cancel orders or terminate Accounts at any time.
Article 9 - Pre-Orders and Shipping
Pre-orders in most of the items are limited in quantities. Pre-orders are charged at the check out at the moment of the order .Orders that includes pre-order items are shipped only when all the item of the order are available.
Article 10 - Order's delivery
VGNYsoft.com will deliver the Products in accordance with its standard lead-time for the Products being ordered. Products will be shipped according to the weight of the Product and according to Buyer requests. VGNYsoft.com makes no warranty or guaranty as to the amount of time it will take to deliver the Products. While VGNYsoft.com will endeavor to meet the agreed to delivery date, it will not be liable for any loss or damage (including any loss of use or loss of profits) incurred by Buyer as a result of any failure to deliver on a particular date. Risk of loss and title to the Products will pass to Buyer upon delivery of the Products at Buyer’s facility. Delivery confirmation by the customer chosen carrier should be sufficient consider proof of delivery of the order. VGNYsoft.com reserves the right to impose additional charges for any special routing, packing, labeling, handling or insurance requested by Buyer.
Article 11 - Returns and Refunds
You may request a return or exchange within 30 days of delivery. Every request for return or exchange is reviewed on a case by case basis. We may refuse to return or exchange any Product for any reason in our discretion. No returns or exchanges will be provided for “loose discs.” We may refuse to return or exchange any damaged merchandise in our sole discretion.
Article 12 - Limitation of Liability
VGNYsoft.com will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. VGNYsoft.com will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services.
Article 13 - Indemnification.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your purchase of any Product, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Article 14 - Severability.
In the event any provision of these Terms and Conditions is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected and, in lieu of such invalid or unenforceable provision, there will be added automatically as part of these Terms and Conditions provisions as similar in terms as may be valid and enforceable under applicable law.
Article 15 - Survivability.
Upon expiration, completion or termination of the Order, all rights, duties, and obligations which by their nature should remain in force beyond the expiration, completion or termination of the Order, including, but not limited to Payment; Warranty; Confidentiality; Software License; Limitation of Liability; Intellectual Property Liability; Export Controls; and Articles 19 - 26 hereof, will remain in force following such expiration, completion or termination.
Article 16 - Entire Agreement.
These Terms and Conditions represent the entire agreement and understanding of the parties hereto and supersede all prior negotiations, discussions, correspondence, communications, understandings, representations and agreements, oral or written between the parties relating to the Order.