for the online shop www.retrospiel.com

Version: 13/07/2026

[translated from the German language original version]

Section 1 – Scope of Application

(1) These General Terms and Conditions ("GTC") apply to all contracts for the purchase of goods concluded between

retrospiel.com
Gladbacher Str. 33
50672 Cologne, NRW
Germany
info@retrospiel.com
+491771914575

(hereinafter referred to as the "Seller")

and its customers via the Seller's online shop.

(2) A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

(3) A "Business Customer" means a natural or legal person or a legal partnership acting in the exercise of its commercial or independent professional activity when concluding the contract.

(4) Any conflicting or deviating terms and conditions of the Customer shall not apply unless the Seller has expressly agreed to their validity in writing.

Section 2 – Subject Matter of the Contract

(1) The Seller offers new and pre-owned video games, gaming accessories and other gaming-related products for sale through its online shop.

(2) Where expressly indicated, the Seller may also offer digital content, including but not limited to download codes, activation keys, prepaid cards or other digital products.

(3) The product descriptions displayed in the online shop form an integral part of the respective offer and contain the essential characteristics of the goods.

(4) Used products are sold with an individual condition description. Normal signs of wear consistent with the age and previous use of the product shall not constitute a defect, provided that such signs are described in the product listing or are visible in the published product images.

Section 3 – Conclusion of Contract

(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to the Customer to submit an offer to purchase.

(2) By clicking the button labelled "Order with Obligation to Pay" (or any equivalent wording required by applicable law), the Customer submits a binding offer to purchase the items contained in the shopping cart.

(3) After submitting an order, the Customer will receive an automated confirmation of receipt by e-mail. This confirmation merely acknowledges receipt of the order and does not constitute acceptance of the Customer's offer.

(4) The purchase contract shall only be concluded upon the earliest of the following events:

• the Seller sending an order confirmation in text form;

• dispatch of the ordered goods; or

• in the case of digital products, provision of the download code or activation of the digital content.

(5) The Seller may accept or reject the Customer's offer within five (5) business days.

(6) Should an ordered item become unavailable despite careful inventory management, or should the Seller not receive timely or sufficient supply through no fault of its own, the Seller shall promptly inform the Customer. Any payments already made shall be refunded without undue delay.

Section 4 – Customer Account

(1) Customers may place orders either as guests or by creating a customer account.

(2) The Customer shall provide complete and accurate information during registration.

(3) Login credentials must be kept confidential and must not be disclosed to third parties.

(4) The Seller reserves the right to suspend or delete customer accounts in cases of misuse or material breaches of these GTC.

Section 5 – Prices and Payment

(1) All prices are stated in Euro (EUR).

(2) Unless otherwise indicated, all prices include the applicable statutory Value Added Tax (VAT).

(3) Shipping costs, where applicable, are displayed separately during the ordering process.

(4) The payment methods available to the Customer are those displayed in the online shop. These may include, among others:

• PayPal

• Credit Card

• Apple Pay

• Google Pay

• Instant Bank Transfer

• Bank Transfer (Prepayment)

• Klarna

• Purchase on Invoice (where offered)

(5) The Customer's chosen payment method will be charged in accordance with the applicable payment procedure.

(6) In the event of late payment, the statutory provisions regarding default shall apply. Consumers shall owe default interest at the statutory rate applicable under mandatory law. For Business Customers, the statutory commercial default interest shall apply.

Section 6 – Delivery and Shipping

(1) Delivery shall be made to the delivery address specified by the Customer during the ordering process.

(2) Estimated delivery times are stated in the respective product descriptions.

(3) Where payment in advance has been agreed, the delivery period shall commence only after full payment has been received.

(4) Partial deliveries are permitted where reasonable for the Customer.

(5) If delivery cannot be completed for reasons attributable to the Customer, the Seller may charge the Customer for any reasonable additional costs incurred as a result.

(6) If delivery becomes permanently impossible or commercially unreasonable due to circumstances beyond the Seller's reasonable control, including but not limited to force majeure, strikes, natural disasters or governmental measures, the Seller may withdraw from the contract. Any payments already received shall be refunded without undue delay.

Section 7 – Retention of Title

The delivered goods shall remain the property of the Seller until full payment of all amounts owed under the respective purchase contract has been received.

Section 8 – Special Provisions for Pre-Owned Video Games

(1) Used video games are tested for basic functionality prior to sale.

(2) The exact scope of delivery is determined exclusively by the respective product description.

(3) Unless expressly stated otherwise, used games may exhibit, among other things:

• signs of wear on discs, cartridges or packaging;

• stickers or adhesive residue from previous labels;

• damaged or missing original packaging;

• missing manuals or inserts; and

• missing promotional materials.

(4) Bonus codes, season passes, downloadable content (DLC), in-game items or other digital extras may already have been redeemed, expired or otherwise be unavailable, unless expressly stated otherwise in the product description. For pre-owned products, no entitlement to such digital content exists unless expressly included in the offer.

(5) Age-related signs of use that do not materially impair the ordinary functionality of the product and that are described in the product listing or visible in the product images shall not constitute a defect.

Section 9 – Digital Content and Download Codes

(1) Where the Seller offers digital content, including but not limited to download codes, activation keys, prepaid cards or similar digital products, such content shall be provided in the manner specified in the respective product description (e.g. by e-mail or through the Customer's account).

(2) The Customer is responsible for ensuring that all technical requirements necessary for the use of the digital content are met. These may include, without limitation, a compatible device, internet access and, where applicable, a valid user account with the relevant platform operator (e.g. Steam, PlayStation Network, Xbox Network or Nintendo).

(3) The use of digital content is additionally subject to the licence terms and conditions of the respective publisher, platform operator or other rights holder. The Seller has no influence over such third-party terms.

(4) Once successfully delivered, download codes and activation keys are generally intended for one-time use only. Exchanges or returns are excluded except where mandatory statutory rights apply.

(5) Any statutory right of withdrawal applicable to digital content shall be governed exclusively by the applicable law. Such right may expire where the Customer has expressly consented to the commencement of performance before expiry of the withdrawal period and acknowledged that, by doing so, the right of withdrawal will be lost.

(6) The Seller shall not be liable for restrictions, suspensions or account measures imposed by platform operators that are beyond the Seller's control.

Section 10 – Statutory Warranty

(1) The Customer's statutory rights regarding defects in the purchased goods shall apply.

(2) New products are covered by the statutory warranty provisions applicable under German law.

(3) Used products are likewise subject to the statutory warranty provisions. Where legally permissible and expressly agreed with the Customer, the limitation period for warranty claims relating to used goods may be reduced to one (1) year from delivery. Any such reduction shall only apply where all legal requirements for its effectiveness have been fulfilled.

(4) The warranty does not cover defects or damage resulting from improper use, incorrect storage, unauthorised modifications, repair attempts by the Customer or third parties, or normal wear and tear.

(5) In the case of pre-owned video games, age-related or use-related cosmetic imperfections shall not constitute defects where such characteristics have been disclosed in the product description or are apparent from the product images.

(6) In the event of a defect, the Customer shall be entitled to the statutory remedies, including subsequent performance (repair or replacement), subject to the applicable legal provisions. The Seller may refuse the method of subsequent performance selected by the Customer where it would only be possible at disproportionate cost and another form of subsequent performance would not result in significant disadvantages for the Customer.

(7) If subsequent performance fails or is lawfully refused, the Customer may exercise the statutory rights to reduce the purchase price, withdraw from the contract or claim damages, where the legal requirements are met.

Section 11 – Liability

(1) The Seller shall be liable without limitation for damages caused intentionally or through gross negligence.

(2) The Seller shall also be liable without limitation for damages resulting from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), or to the extent liability arises from an expressly assumed guarantee.

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Seller's liability shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the Customer may regularly rely.

(4) Subject to the foregoing provisions, liability for slight negligence is excluded to the extent permitted by law.

(5) The above limitations of liability shall also apply to the Seller's legal representatives, employees and agents.

Section 12 – Protection of Minors

(1) Video games carrying an age rating of 18 years or above shall only be sold to Customers who have reached the legal age of majority.

(2) The Seller reserves the right to carry out appropriate age verification measures before or upon delivery.

(3) Where required by law, products with an age restriction shall be delivered only by means of an age-verified delivery service or an equivalent identity verification procedure.

(4) If the required proof of age cannot be provided or delivery fails for reasons attributable to the Customer, the Seller may withdraw from the contract or charge the Customer for any reasonable additional delivery costs incurred.

Section 13 – Gift Vouchers and Promotional Discounts

(1) Promotional vouchers, discount codes and special offers may only be redeemed within the validity period specified in the respective promotion.

(2) Cash payment of vouchers or retroactive application of discounts to completed orders is excluded unless required by mandatory law.

(3) Promotional offers may only be combined where this is expressly stated by the Seller.

(4) The Seller reserves the right to exclude certain products or product categories from promotional campaigns.

Section 14 – Intellectual Property and Licence Rights

(1) The purchase of software, video games or digital products grants the Customer only those rights of use that are provided by the respective publisher, manufacturer or rights holder.

(2) The purchase of a physical game, digital download or activation key does not transfer ownership of any copyright, trademark or other intellectual property rights.

(3) The Customer agrees to comply with all applicable licence agreements and terms of use issued by the relevant publisher, manufacturer or platform operator.

Section 15 – Consumer Dispute Resolution

(1) The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless participation is required by mandatory statutory law.

(2) Nothing in these Terms shall affect the Customer's statutory rights to seek legal remedies before the competent courts.

Section 16 – Governing Law

(1) These General Terms and Conditions and all contractual relationships between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) Where the Customer is a consumer residing outside Germany, the mandatory consumer protection provisions of the Customer's country of habitual residence shall remain unaffected to the extent required by applicable law.

Section 17 – Final Provisions

(1) The contract language shall be English unless otherwise agreed.

(2) Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the applicable statutory provision.

(3) Amendments or supplements to these General Terms and Conditions shall require at least text form where required by applicable law.

General Terms and Conditions (GTC)

Part III

Section 18 – Pre-Orders

(1) The Seller may offer selected products for pre-order prior to their official release.

(2) Any release dates stated in the online shop are based on information provided by the respective manufacturer or publisher and are estimates only, unless expressly designated as binding.

(3) If the manufacturer or publisher postpones the release date, the delivery date shall be adjusted accordingly. The Seller will inform the Customer of any significant changes where reasonably possible.

(4) The Seller reserves the right to cancel a pre-order if the product is permanently discontinued, not supplied by the manufacturer or otherwise becomes unavailable through no fault of the Seller. Any payments already received shall be refunded without undue delay.

Section 19 – Collector's Editions and Limited Editions

(1) The contents of Collector's Editions, Limited Editions, Special Editions or similar products are determined exclusively by the respective manufacturer or publisher.

(2) Changes made by the manufacturer to packaging, artwork, accessories, bonus items or other included content shall not constitute a defect, provided that the intended functionality and essential nature of the product are not materially affected.

(3) Product images are provided for illustrative purposes only. The delivered product may differ from the images shown due to manufacturer changes or production variations.

Section 20 – Imported Products and Regional Restrictions

(1) Products identified as imports may differ from versions intended for the domestic market.

(2) Such differences may include, but are not limited to:

• packaging language;

• in-game language, subtitles or voice acting;

• age classification (e.g. PEGI, ESRB or other regional rating systems);

• regional activation requirements;

• region-locking or geographical usage restrictions.

(3) Where known to the Seller, any relevant regional restrictions or activation requirements will be stated in the product description.

(4) The Customer is responsible for verifying compatibility with their gaming platform, user account and country of residence before placing an order.

Section 21 – Compatibility and System Requirements

(1) Before purchasing any product, the Customer is responsible for ensuring that it is compatible with the intended gaming console, operating system or hardware.

(2) The technical specifications and supported platforms listed in the product description shall be decisive.

(3) The Seller shall not be liable for incompatibilities resulting from an incorrect purchase by the Customer or from subsequent changes made by the manufacturer, publisher or platform operator.

Section 22 – Refurbished Products and B-Stock

(1) Where refurbished products or B-stock items are offered, this will be clearly indicated in the respective product description.

(2) Refurbished products may have been inspected, cleaned, repaired or restored to proper working condition.

(3) B-stock products may exhibit cosmetic imperfections, damaged packaging or other minor defects that do not materially impair their intended use. Such characteristics will be described in the product listing where applicable.

(4) The Customer's statutory warranty rights remain unaffected.

Section 23 – Transport Damage

(1) If goods are delivered with obvious transport damage, the Customer is requested to report such damage to the carrier immediately, where possible, and to inform the Seller without undue delay.

(2) Failure to report transport damage shall not affect the Customer's statutory warranty rights. The notification serves solely to enable the Seller to assert claims against the carrier or transport insurer where appropriate.

Section 24 – Prevention of Fraud and Misuse

(1) The Seller reserves the right to review or suspend orders where there are reasonable grounds to suspect fraud, misuse of promotional offers, unauthorised use of payment methods or abuse of digital download codes.

(2) Where justified by applicable law, the Seller may delay fulfilment of an order, request additional verification or withdraw from the contract until the relevant circumstances have been clarified.

(3) Download codes or activation keys that have been successfully delivered and redeemed cannot generally be replaced if they are lost, disclosed or otherwise compromised due to circumstances attributable to the Customer.

Section 25 – Availability of Online Services

(1) Many video games depend on online services, multiplayer servers or platform-specific functionality operated by the respective manufacturer, publisher or platform provider.

(2) The Seller does not guarantee the continued availability, maintenance or future operation of such online services.

(3) The discontinuation of online services, multiplayer functionality or server support by the manufacturer or publisher after purchase shall not, in itself, constitute a defect in the purchased product.

Section 26 – Software Updates and Product Changes

(1) Video games and digital content may receive updates, patches, bug fixes or other software modifications after purchase.

(2) Unless the Seller is legally responsible for providing such updates, responsibility for their availability, scope and duration rests solely with the respective manufacturer, publisher or rights holder.

(3) The Seller shall not be liable for changes in gameplay, functionality, performance or compatibility resulting exclusively from software updates issued by third parties.

Section 27 – Product-Specific Provisions

(1) The provisions set out in Sections 18 to 26 supplement the general provisions of these General Terms and Conditions.

(2) Where individual provisions are not applicable to a particular product or order, the remaining provisions shall remain fully effective.

(3) Product-specific descriptions contained in the respective product listing shall take precedence over these supplementary provisions where they provide more detailed information regarding the characteristics or scope of delivery of the relevant product.

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day

- on which you or a third party designated by you, other than the carrier, took possession of the goods, provided that you ordered one or more items as part of a single order and they are delivered together;

- on which you or a third party designated by you, other than the carrier, took possession of the last item, provided that you ordered multiple items as part of a single order and they are delivered separately;

- on the date on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item, provided that you ordered a single item that is delivered in multiple partial shipments or items;

To exercise your right of withdrawal, you must notify us (retrospiel, Gladbacher Str. 33, 50672 Cologne, Phone: +491771914575, Email: info@retrospiel.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached sample withdrawal form for this purpose, though its use is not mandatory.

You may use the attached sample withdrawal form for this purpose, although its use is not required.

To meet the withdrawal deadline, it is sufficient for you to send notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than 14 days from the day we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.

You must return or hand over the goods to us immediately and, in any case, no later than 14 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires.

You are responsible for the direct costs of returning the goods.

You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.

 
Grounds for Exclusion or Expiration

The right of withdrawal does not apply to contracts

- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs;

- for the delivery of goods that are liable to spoil quickly or whose expiration date would be quickly exceeded;

- for the delivery of alcoholic beverages whose price was agreed upon at the time the contract was concluded, but which can be delivered no earlier than 30 days after the contract was concluded and whose current value depends on market fluctuations over which the business has no control;

for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been broken after delivery;

- for the delivery of goods if, due to their nature, they have become inseparably mixed with other goods after delivery

- for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been broken after delivery.