TERMS OF SALE AND SERVICE
These Terms of Sale and Service ("Agreement") constitute a binding agreement between the customer ("you," "your," or "Purchaser") and Paradox Arcade Systems, a subsidiary of Paradox Arcades, LLC ("Company," "we," "us," or "our"). By placing an order for any of our products or utilizing our services, whether through our website, in-person consultation, electronic communication, or any other medium, you agree to be bound by the terms and conditions set forth herein. If you do not agree to all of the terms of this Agreement, do not proceed with the transaction.
ACCEPTANCE OF TERMS
All purchases are subject to our acceptance, and we reserve the right to refuse or cancel any order at any time for any reason, including but not limited to availability, errors in product or pricing information, or suspected fraud.
PAYMENT TERMS AND ORDER PROCESSING
All payments are processed securely via Stripe Payments. Accepted payment methods include American Express and other major credit cards, subject to processor approval. Orders will not be scheduled or queued for production until payment has cleared in full unless expressly agreed upon in writing. All pricing is in USD and exclusive of applicable taxes or shipping costs, unless otherwise stated. Late or reversed payments may result in production delays, withholding of delivery, or order cancellation
CUSTOM WORK AND LEAD TIMES
Our products are made-to-order, highly customized, and built by hand. Typical lead times are 2–36 weeks from the date of confirmed payment. Estimated lead times are subject to change based on supply chain availability, workload, or other force majeure events. You acknowledge and agree that variations in lead times shall not constitute breach of contract.
SHIPPING, DELIVERY, AND ACCEPTANCE
All products are shipped via third-party freight carriers. Title and risk of loss pass to the customer upon carrier pickup. You are responsible for inspecting all deliveries immediately upon receipt and must notify us of any damage or shortage in writing within five (5) business days. Failure to do so constitutes acceptance of the goods as delivered.
RETURNS, REFUNDS, AND CANCELLATIONS
Due to the customized nature of our products, all sales are final. We do not accept returns, and no refunds will be issued unless expressly agreed upon in writing. Order cancellations may be granted in limited circumstances and are subject to a minimum 20% cancellation fee to recover administrative and material costs.
Paradox Arcade Systems reserves the sole and absolute discretion to refuse, cancel, or limit orders, sales, or access to Services at any time and for any reason or no reason, including but not limited to suspected fraud or unauthorized use, violation or suspected violation of these Terms, or if we reasonably believe that the order or use of the Services may harm Paradox, its affiliates, suppliers, or other customers.
Cancellation of any order or service shall not relieve you of your obligation to pay for all amounts due to Paradox up to and including the date of cancellation. We may also deny you access to any or all of our Services without prior notice.
No failure or delay by Paradox in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of any right, power, or privilege.
LIMITED WARRANTY
Paradox Arcade Systems warrants that its products will be free from defects in material and workmanship under normal use for a period of twelve (12) months from the date of delivery. This limited warranty covers only the original purchaser and is non-transferable. This warranty does not cover:
Damage due to misuse, neglect, accident, modification, or unauthorized repair;
Normal wear and tear;
Software, firmware, or digital services;
Issues arising from improper environmental conditions (e.g., humidity, temperature).
To initiate a warranty claim, contact us at support@paradoxarcades.com with detailed photographs and a description of the issue. We reserve the right to repair, replace, or refund the product at our sole discretion.
DISCLAIMERS AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN NO EVENT SHALL PARADOX ARCADE SYSTEMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCTS PROVIDED, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR PRODUCTS OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
USER CONTENT, SUBMISSIONS, AND FEEDBACK
You agree that any creative ideas, suggestions, or feedback submitted to us may be used by Paradox Arcade Systems without restriction or obligation to compensate you, unless otherwise agreed in writing. By submitting such content, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and distribute such content.
FORCE MAJEURE
We shall not be held liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, labor strikes, pandemics, supply shortages, or governmental actions.
MODIFICATIONS TO TERMS AND SERVICES
We reserve the right to revise these Terms at any time. Updates will be posted to our website. Your continued use of our products or services after changes are posted constitutes acceptance of the revised terms.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the state or federal courts located in Harris County, Texas.
EXPORT RESTRICTIONS
You acknowledge and agree that the products, software, documentation, technical data, and related materials made available by Paradox Arcade Systems (collectively, the “Goods”) may be subject to export control laws and regulations of the United States, including, without limitation, the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and other applicable foreign export control laws and regulations. By purchasing from Paradox Arcade Systems, you represent and warrant that:
(a) you are not located in, a resident of, or under the control of, any country or territory subject to comprehensive U.S. trade sanctions or embargoes (including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine);
(b) you are not listed on any U.S. government list of prohibited or restricted parties, including but not limited to the Specially Designated Nationals (SDN) List maintained by the Office of Foreign Assets Control (OFAC), the Denied Persons List or the Entity List maintained by BIS, or any similar lists maintained by applicable jurisdictions;
(c) you will not use, re-export, or transfer the Goods for any purposes prohibited by U.S. law, including, without limitation, for the development, design, manufacture or production of nuclear, missile, chemical or biological weapons or related technology; and
(d) you will not export, re-export, or otherwise transfer the Goods to any person or entity without obtaining prior authorization from the relevant governmental authorities as required under applicable law.
BINDING ARBITRATION AND CLASS ACTION WAIVER
In the event of any claim, controversy, or dispute arising out of or relating to these Terms of Sale and Service, your purchase or attempted purchase of any product or service from Paradox Arcade Systems, or any interaction or transaction with the Company, its officers, employees, affiliates, agents, successors, or assigns (collectively, a “Dispute”), you and Paradox Arcade Systems agree to resolve such Dispute exclusively through final, binding, and confidential arbitration administered by the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules and, where applicable, the Consumer Arbitration Rules, in effect at the time the arbitration is initiated.
Such arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if the parties cannot agree, then appointed by the AAA, and shall take place via video conference unless both parties consent to an alternative format. The seat of arbitration shall be deemed to be the state in which Paradox Arcade Systems is headquartered, and the arbitrator shall apply the substantive law of that state, excluding its conflicts of law provisions.
Waiver of Jury Trial and Class Actions:
By entering into this agreement, you and Paradox Arcade Systems expressly waive any and all rights to a trial by jury or to participate in a class action, class arbitration, or any other representative proceeding. You and Paradox Arcade Systems agree that any arbitration will be conducted on an individual basis only, and not in a class, consolidated, or representative proceeding.
Arbitration Costs and Attorney’s Fees:
If the value of your claim does not exceed $10,000, Paradox Arcade Systems will reimburse your filing fee and will pay the arbitrator’s fees and costs unless the arbitrator determines your claims are frivolous or brought in bad faith. Each party shall otherwise bear its own attorneys’ fees and expenses unless otherwise provided by applicable law or as determined appropriate by the arbitrator.
Exceptions to Arbitration Requirement:
Notwithstanding the foregoing, either party may seek provisional or injunctive relief from a court of competent jurisdiction in aid of arbitration or to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Further, either party may bring a claim in small claims court (if and only if such court has jurisdiction and venue over the Dispute), provided the claim remains solely within such court and advances on an individual (non-class) basis.
SEVERABILITY AND ENTIRE AGREEMENT
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Paradox Arcade Systems with respect to the subject matter hereof and supersedes all prior agreements, understandings, or representations.
CONTACT INFORMATION
Questions regarding these Terms should be directed to: support@paradoxarcades.com
