Terms of service
Terms of Service
OVERVIEW
Welcome to Captain Retro! The terms "we", "us" and "our" refer to Captain Retro. Captain Retro operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Captain Retro is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS AND SERVICES
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products and services are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or service at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Service-Specific Terms: All modification and repair services are performed on customer-owned or Captain Retro-supplied hardware. By placing a service order, you acknowledge that vintage and retro hardware is inherently subject to age-related wear, component failure, and unforeseen complications. While we take every precaution to ensure the safety and integrity of your hardware, Captain Retro cannot be held responsible for pre-existing conditions, latent defects, or failures unrelated to the specific service performed.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Captain Retro reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Captain Retro confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Captain Retro may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Console Condition Requirement: All consoles sent in for modification or recap services must be in full working order at the time of shipment. Captain Retro tests every console upon arrival. If a console is found to be non-functional or in a condition inconsistent with what was represented at the time of order, we reserve the right to contact you to discuss options, which may include additional charges or return of the console at your expense.
Recap Services: Recap services are not repair services. If your console requires work beyond a standard capacitor replacement, we will contact you before proceeding. Additional charges may apply. We make no guarantees regarding overall console functionality for consoles that require work beyond the scope of the recap service ordered.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes or shipping charges.
We accept all major credit cards and PayPal. For custom or quote-based orders, payment will be collected via invoice prior to or upon completion of service, as agreed upon between you and Captain Retro.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping charges.
SECTION 5 - SHIPPING, SEND-IN SERVICES, AND DELIVERY
Outbound Shipping: We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Customer Send-In: For all mod and recap services, customers are responsible for safely packaging and shipping their console to Captain Retro. Consoles must be packed securely to prevent movement or damage during transit. Captain Retro is not liable for any damage that occurs during inbound shipping. We strongly recommend that customers purchase shipping insurance for all inbound shipments.
Geographic Restrictions: We only accept orders from the United States and its territories. We do not accept inbound shipments from outside the United States.
Turnaround Time: Standard turnaround time is 2-6 weeks from the date we receive your console. Turnaround times are estimates only and are not guaranteed. Delays may occur due to parts availability, order backlog, or service complexity. Custom orders may require additional time. Captain Retro is not liable for losses or damages resulting from service delays.
SECTION 6 - WARRANTY
Captain Retro guarantees the functionality of all completed modification and recap work for a period of one (1) year from the date of delivery to the customer. Every console is tested prior to shipment to verify full functionality.
This warranty covers only the specific modification or service performed and does not extend to the overall functionality of the console, unrelated hardware failures, or damage resulting from misuse, physical damage, or unauthorized modification after delivery.
To make a warranty claim, contact us at captainretrocustoms@gmail.com with your name and order number. You will be responsible for return shipping costs to Captain Retro. Captain Retro will cover return shipping costs for all valid warranty repairs.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Captain Retro, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Captain Retro's names, logos, product and service names, designs, and slogans are trademarks of Captain Retro. You must not use such trademarks without the prior written permission of Captain Retro.
SECTION 8 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
Captain Retro is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Captain Retro. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Captain Retro. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Captain Retro.
SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services for any unlawful or malicious purpose, to violate any applicable laws or regulations, to infringe upon intellectual property rights, to transmit false or misleading information, or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY CAPTAIN RETRO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CAPTAIN RETRO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OR SERVICES PROCURED THROUGH THE SERVICES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Captain Retro, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Services.
SECTION 20 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee. You and Captain Retro consent to venue and personal jurisdiction in such courts.
SECTION 21 - CHANGES TO TERMS OF SERVICE
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Captain Retro captainretrocustoms@gmail.com Burke, VA