Withdrawal Form EU Consumer Rights Directive
Right of Withdrawal & Cancellation Policy
Under the EU Consumer Rights Directive
RIGHT OF WITHDRAWAL & ANTI-ABUSE POLICY
1. Statutory Right of Withdrawal
Consumers residing within the European Union have the right to withdraw from distance contracts within 14 calendar days without giving any reason. The withdrawal period expires exactly 14 days from the day on which you, or a designated third party (other than the carrier), takes physical possession of the goods shipped from Japan.
To exercise this right, you must notify us of your unequivocal decision to withdraw by utilizing our electronic form located at the top of this page, or by sending an explicit written declaration via email to:
- Company Name: The Emporium Retrogaming Shop
- Address: 5-4-8 NISHI-IKUTA, TAMA-KU Kawasaki Kanagawa - 2140037, Japan
- Email: Japanamusement@gmail.com
2. Legal Exemptions (Non-Returnable Goods)
Pursuant to Article 16 of the EU Consumer Rights Directive, the statutory 14-day right of withdrawal is completely void and non-applicable for the following products. No cancellations, returns, or refunds will be processed under any circumstances for:
- Customized/Personalized Goods: Items tailored, custom-engraved, structurally modified, or uniquely refurbished to your specific specifications.
- Sealed Hygiene & Health Goods: Products unsuitable for return due to health protection or hygiene reasons if they are unsealed or opened by the consumer after delivery.
- Unsealed Media & Games: Sealed retro video games, CDs, DVDs, VHS tapes, software, cassettes, or vinyl records that have been opened (taken out of the original plastic wrap/seal) by the consumer after delivery.
3. Anti-Fraud & Value Depreciation Penalties (The "Try-On Only" Rule)
The Physical Retail Store Standard: You are legally permitted to handle and inspect the retro items, consoles, and accessories only to the exact same extent you would be allowed to inside a physical brick-and-mortar retail shop (e.g., viewing cosmetic condition).
Diminished Value Liability: If the returned goods show any signs of usage exceeding a basic visual inspection, you are legally liable for the diminished value of the item. This includes, but is not limited to:
- Missing, cut, or detached original shop tags, security seals, tamper-proof stickers, or serial number labels.
- Consoles or accessories that have been plugged in, turned on, played, scratched, or modified.
- Ripped, written-on, unsealed, or heavily damaged original vintage Japanese boxes, manuals, or protective inserts.
Deduction Matrix: We reserve our statutory right to deduct up to 100% of your refund value if the item is returned in a non-resellable condition. The exact deduction will be calculated upon physical inspection at our facility in Japan.
4. Direct Cost & Legal Ownership of Returns
Return Shipping Fees: In accordance with EU law, the consumer must bear the full, direct cost of returning the goods internationally to our facility in Japan. We do not provide prepaid return labels.
Risk of Loss and Transit Fraud: Returned merchandise remains the legal property, liability, and risk of the consumer until it is physically signed for at our designated warehouse. We strongly recommend using tracked, secure, fully insured shipping.
Fraudulent Returns: All inventory items are securely marked, photographed, and serial-tracked before leaving Japan. If a customer returns an empty package, a substituted item, a counterfeit product, or internal components are stripped, no refund will be issued. A formal criminal fraud report will be filed automatically with the consumer's regional law enforcement, Europol, and transit authorities.
5. Verification Gate & Reimbursement Rules
Right to Withhold Funds: We will withhold all reimbursements until we have physically received the merchandise at our facility in Japan and subjected it to a complete anti-fraud and quality inspection.
Exclusion of Premium Shipping Rates: If you chose an expedited, premium, or express shipping option at checkout, we will only refund our lowest-cost standard baseline shipping fee. Any optional surcharge paid for premium shipping is legally non-refundable upon withdrawal.
Processing Timeline: Eligible refunds will be issued within 14 days of physical package verification using the exact same payment method used for the initial purchase. No merchant or transaction processing fees will be deducted from valid EU statutory returns.
6. Algorithmic Abuse, Profile Flagging, and Blacklisting
System Abuse Audits: We actively track and audit customer purchase frequencies, return-to-order ratios, and systematic patterns of bulk-buying followed by instant automated withdrawal requests.
Unilateral Termination of Service: While we strictly honor the statutory right of withdrawal on existing, active orders, we reserve our unconditional commercial freedom of contract. We will permanently blacklist, block matching IP addresses, and refuse to accept any future order placements or contract offers from individuals flagged for pattern abuse, return fraud, or "fun buying."