Terms of service

Terms of Service

 

OVERVIEW

Welcome to ConsoleModding.it! The terms "we", "us" and "our" refer to ConsoleModding.it, run by MDB di Michele Di Bella, based in Rome (Italy), VAT No. IT18396251003. ConsoleModding.it operates this online store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the "Services"). ConsoleModding.it is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below (the "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use or access our Services.

 

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your country of residence and that you have given consent for any minors connected to you to use the Services on devices you own or manage. To use the Services, including browsing the online store and purchasing products and services, you may need to provide certain information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it. You are responsible for safeguarding your account credentials and for all activity carried out with your account. You may not transfer, sell, assign or license your account to anyone else.

 

SECTION 2 - OUR PRODUCTS AND SERVICES

We strive to present our products and services accurately. However, the way product colours and appearance are displayed may vary depending on the device you use and its settings. Product descriptions are subject to change at any time, without notice and at our discretion. We reserve the right to discontinue any product or service at any time and to limit the quantities offered to any person or geographic area. Notice on modding and repair services: opening the console and installing mods voids the manufacturer's official warranty. By sending us the console, the customer expressly authorises us to open it and is aware of this consequence. Modded consoles may not be compatible with official online services (PSN, Xbox LIVE, Nintendo eShop): any online use of a modded console is entirely at the customer's own risk, including the risk of an account or console ban.

 

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. ConsoleModding.it reserves the right to accept or decline your order at its discretion. Your order is not confirmed until we confirm its acceptance; we must receive and process your payment before acceptance. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after acceptance. If an order is declined, changed or cancelled, we will notify you using the contact details provided when the order was placed. Your purchases are subject to return or exchange in accordance with our Refund Policy. If you are a consumer, your right of withdrawal under the Italian Consumer Code remains unaffected, subject to the statutory exceptions (e.g. services already fully performed with your consent and personalised goods). You represent and warrant that you are purchasing for personal or household use and not for resale or export, unless otherwise agreed in writing (e.g. reseller account).

 

SECTION 4 - PRICES AND BILLING

Prices, discounts and offers are subject to change without notice. The price charged is the one in effect when the order is placed, as shown in the confirmation email. Unless otherwise stated, published prices are in euros and include VAT; they do not include any shipping, handling, customs or import charges, which are shown separately at checkout. From time to time we may run offers subject to terms independent of these Terms; in case of conflict, the terms of the offer will prevail. For all purchases you agree to provide correct, current and complete purchase, payment and account information, and to update it promptly so that we can complete your transactions and contact you if needed. You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method provided, (iii) charges incurred will be honoured by the issuer of your payment method, and (iv) you will pay the amounts due at the posted prices, including shipping, handling and applicable taxes.

 

SECTION 5 - SHIPPING AND DELIVERY

Stated delivery times are estimates and are not guaranteed. We are not responsible for delays caused by couriers, customs procedures or events beyond our control. For sales to consumers, the risk of loss of or damage to goods passes to the consumer upon delivery. For consoles you send to us yourself for modding or repair services, the inbound shipment is at your own risk: please follow our packing guide; ConsoleModding.it is not liable for damage occurring during transport to our lab.

 

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, images, graphics, reviews, video and audio, as well as their design, selection and arrangement, are owned by ConsoleModding.it, its affiliates or licensors and are protected by Italian, European and international intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, republish, download, store or transmit any material relating to the Services without our written consent. All rights not expressly granted are reserved by ConsoleModding.it. ConsoleModding.it names, logos, product and service names, designs and slogans are trademarks of ConsoleModding.it or its licensors and may not be used without written permission. The PlayStation, Xbox and Nintendo trademarks and any other third-party trademarks mentioned on the site belong to their respective owners; ConsoleModding.it is not affiliated with or sponsored by Sony, Microsoft or Nintendo.

 

SECTION 7 - OPTIONAL TOOLS

You may be given access to third-party tools as part of the Services, which we neither monitor nor control. Such tools are provided "as is" and "as available", without any warranty; you use them at your own risk and subject to the terms of the respective providers. Any new features or tools offered in the future are considered part of the Services and are subject to these Terms.

 

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of such sites; you access them at your own risk. We are not liable for any harm resulting from the purchase or use of products, services or content on third-party sites. Complaints regarding third-party products or services should be directed to the third party.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY

ConsoleModding.it is operated through the Shopify platform, which enables us to provide the Services to you. Sales and purchases made in our store are made directly with ConsoleModding.it. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and ConsoleModding.it, and you expressly release Shopify and its affiliates from any claims, damages and liabilities arising from purchases made with ConsoleModding.it.

 

SECTION 10 - PRIVACY POLICY

All personal data collected through the Services is processed in accordance with our Privacy Policy and, for certain data, the Shopify Privacy Policy. As it supports the Services, Shopify collects and processes personal data about your access to and use of the Services; data may be transmitted to Shopify and third parties, including in countries other than your own, in compliance with applicable law (GDPR).

 

SECTION 11 - FEEDBACK

When you submit, upload, post or otherwise transmit ideas, suggestions, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes. You confirm that: (i) you own the necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received; (iii) your Feedback complies with these Terms and does not infringe third-party rights or contain illegal, offensive or obscene content or malware. We are under no obligation to keep Feedback confidential, to pay compensation for it or to respond to it, and we may monitor, edit or remove it at our discretion. You are solely responsible for your Feedback and its accuracy.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to descriptions, prices, offers, promotions, shipping charges, transit times and availability. We reserve the right to correct errors, update information or cancel orders affected by errors at any time and without prior notice, including after an order has been submitted, and will inform you accordingly.

 

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use them, directly or indirectly, to: (a) pursue any unlawful or malicious purpose; (b) violate any law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, defame, intimidate or abuse our staff or anyone else; (e) transmit false or misleading information; (f) submit or use material that does not comply with these Terms; (g) send spam or similar solicitations; (h) impersonate another person or entity; (i) engage in any conduct that prevents others from using the Services or that we consider harmful to ConsoleModding.it, Shopify or users. You further agree not to: (a) upload viruses or malicious code; (b) reproduce, sell or resell any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, spidering, crawling or scraping; (e) interfere with the security features of the Services. We reserve the right to suspend or close your account if you breach these Terms.

 

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) at any time at our discretion and without notice; you will remain liable for all amounts due up to the date of termination. The following sections will survive termination: Intellectual Property, Feedback, Termination, Warranty on Products and Services (for work already performed), Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law and Jurisdiction, Privacy Policy, and any other provision that by its nature is intended to survive.

 

SECTION 15 - WARRANTY ON PRODUCTS AND SERVICES

15.1 Warranty period

All ConsoleModding.it products and services are covered by a commercial warranty as follows:

  • Modding services: 1-year warranty, extendable to 2 years by purchasing the extension when ordering.
  • Modded consoles for sale: 1-year warranty, extendable to 2 years by purchasing the extension when ordering.
  • Repair services: 1-year warranty on the work performed and on the replaced components.

The warranty runs from the date the console is returned to the customer or, for consoles for sale, from the date the product is delivered.

 

15.2 What the warranty covers

The warranty covers only defects relating to the work performed by ConsoleModding.it (mod or repair) and, for consoles for sale, malfunctions not attributable to the customer. In the event of a covered defect, ConsoleModding.it will, at its discretion, repair or restore the work at no additional cost to the customer, excluding any shipping costs where applicable.

 

15.3 Exclusions and loss of warranty

The warranty is void and cannot be honoured in the following cases:

  • consoles without the original ConsoleModding.it warranty seal applied at the end of the work, or with the seal removed, damaged or tampered with;
  • consoles opened, modified or repaired by third parties after our work;
  • damage caused by impacts, drops, liquids, power surges, improper use or negligence;
  • damage resulting from the customer installing software, firmware or updates themselves against our instructions (e.g. an official firmware update that removes the mod);
  • normal wear and tear of components subject to deterioration;
  • faults unrelated to the work performed.

 

15.4 How to request warranty service

To make a warranty claim, contact us at info@consolemodding.it or on WhatsApp at 334.5717643, stating your order number and a description of the problem. You will receive instructions for shipping the console to our lab.

 

15.5 Legal guarantee of conformity

The above is the seller's commercial warranty and does not in any way affect the rights granted to consumers by the legal guarantee of conformity under the Italian Consumer Code (Legislative Decree 206/2005), where applicable.

 

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of such information, and you rely on it at your own risk. Except as expressly provided in Section 15 and without prejudice to the mandatory rights granted to consumers by law, the Services are provided "as is" and "as available", without further warranties or conditions, express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of implied warranties: in that case, the exclusion applies to the maximum extent permitted by law.

 

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, and except in cases of wilful misconduct or gross negligence and without prejudice to the mandatory rights of consumers, ConsoleModding.it, its partners, officers, staff, affiliates, agents, service providers and licensors, as well as Shopify and its affiliates, are not liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind — including, without limitation, lost profits, loss of data or game saves, replacement costs or similar damages — arising from the use of the Services or of products obtained through them, regardless of the basis of liability (contract, tort, negligence) and even if advised of the possibility of such damages. We recommend backing up your data and saves before sending us your console: we are not liable for the loss of data on devices sent for modding or repair, unless otherwise agreed.

 

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ConsoleModding.it, Shopify and their respective affiliates, partners, officers, staff, agents, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees owed to third parties, arising from: (1) your breach of these Terms; (2) your violation of any law or third-party rights; (3) your access to and use of the Services. We will notify you of any indemnifiable claim; failure to notify promptly does not relieve you of your obligations unless you are materially prejudiced. We may assume the defence and settlement of the claim at your expense, but will not settle any claim imposing non-monetary obligations on you without your consent (which may not be unreasonably withheld).

 

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, it shall be enforced to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

 

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Failure by ConsoleModding.it to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and the policies published on the site constitute the entire agreement between you and ConsoleModding.it and govern your use of the Services, superseding any prior or contemporaneous agreements, communications or proposals, oral or written (including earlier versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any rights or obligations under it without our written consent; any attempt to do so will be void. We may transfer, assign or delegate these Terms and the related rights and obligations without notice and without your consent.

 

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements under which we provide you with the Services are governed by Italian law. For consumer customers, the court of the place of residence or domicile of the consumer, if located in Italy, has jurisdiction, as provided by the Italian Consumer Code; for disputes with non-consumer customers, the Court of Rome has exclusive jurisdiction. Consumers may also use the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.

 

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect its content.

 

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates on our website. Material changes will be notified to you in accordance with applicable law and will take effect from the date stated in the notice. Your continued use of the Services after the changes constitutes acceptance of them. Changes do not apply retroactively to orders already accepted.

 

SECTION 25 - CONTACT INFORMATION

For questions about these Terms of Service:

  • Email: info@consolemodding.it
  • WhatsApp: 334.5717643 (messages only)
  • ConsoleModding.it | MDB di Michele Di Bella – VAT No. IT18396251003 – REA RM-1782672 – Rome, Italy