Terms of service
TERMS AND CONDITIONS OF ELBOWGAMES
Last updated: August 2026
1. IDENTIFICATION
ElbowGames is a business activity carried out by Mafalda Isabel Calado Araújo da Luz Vilares, with tax identification number 206506031, with its registered business address at:
Rua do Xarafe, n.º 59, R/C Dto.
2910-048 Setúbal
Portugal
Telephone: 910032394
Email: geral@elbowgames.com
ElbowGames sells products related to video games, Trading Card Games (TCG), figures, collectibles and other products related to video games and gaming culture.
2. PURPOSE AND SCOPE
These Terms and Conditions govern access to and use of the ElbowGames online store, available through the domain elbowgames.com, as well as the purchase of products made available through the store.
By placing an order, the customer declares that they have read and understood these Terms and Conditions.
These Terms do not affect any rights granted to consumers under applicable Portuguese and European legislation.
3. PRODUCTS
ElbowGames endeavours to present products accurately, including information regarding their characteristics, condition, price and availability.
Products may be sold as:
- New and sealed;
- New but unsealed, when expressly stated;
- Used, with their condition indicated in the product description.
For used items, any signs of use, wear or other relevant characteristics will be indicated in the product description and/or photographs.
Product photographs are intended to represent the products being sold. Minor differences in colour or appearance may occur due to the characteristics of the device used by the customer.
4. ORDERS
By placing an order through the online store, the customer expresses their intention to purchase the selected products.
An order shall only be considered accepted after confirmation by ElbowGames and/or confirmation of the corresponding payment.
ElbowGames reserves the right to contact the customer if there is any issue relating to product availability, price, payment or order information.
If it is not possible to fulfil an order that has already been paid for, the customer will be informed and the corresponding refund will be issued.
The customer must carefully check the order details before completing the purchase.
5. PRICES AND PAYMENTS
All prices displayed in the store are stated in euros.
The applicable prices are those displayed at the time the order is placed.
The payment methods available are those presented during the checkout process.
ElbowGames may change prices, promotions or commercial terms. Such changes will not apply retroactively to orders that have already been confirmed, unless otherwise required by law.
6. AVAILABILITY
The availability displayed in the store corresponds to the stock available for sale at the time of consultation.
Despite the care taken, an exceptional stock discrepancy may occur.
If an ordered product is unavailable, ElbowGames will contact the customer to inform them of the situation and, where applicable, will refund the amounts paid for the unavailable product.
7. SHIPPING AND DELIVERY
Orders are shipped to the destinations made available at the time of purchase.
Delivery times displayed in the store are estimates and may vary depending on the carrier, destination, periods of increased order volume or other circumstances beyond ElbowGames' control.
ElbowGames will always endeavour to dispatch orders within the indicated timeframe.
The customer should inspect the order upon receipt and contact ElbowGames if they notice any visible damage to the packaging or any issue concerning the contents received.
8. RIGHT OF WITHDRAWAL
For distance contracts, consumers have, where legally applicable, a period of 14 days to exercise their right of withdrawal without having to provide a reason.
The period shall, as a general rule, begin on the date on which the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods.
The exercise of the right of withdrawal must be communicated to ElbowGames by means of an unequivocal statement sent to:
The customer must identify the order and the products in respect of which they wish to exercise their right of withdrawal.
9. RETURN OF PRODUCTS
When the customer validly exercises their right of withdrawal, the products must be returned to ElbowGames without undue delay and, as a general rule, no later than 14 days after the customer communicates their decision to withdraw.
Unless ElbowGames agrees to bear the cost, the direct costs of returning the products shall be borne by the customer, where legally applicable.
The customer must take due care of the products while they are in their possession.
The consumer may be held liable for any depreciation of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product, in accordance with applicable legislation.
10. NEW AND SEALED ITEMS
ElbowGames sells certain products as new and sealed, whose commercial value depends, among other factors, on the preservation of the original packaging and seal.
Where legally applicable, products sold as new and sealed must be returned in the same condition in which they were sold, with the original packaging, seals, wrappers, labels and other original elements intact.
Opening, removing or damaging the seal may affect the commercial value of the product and, for certain categories of products, may constitute one of the situations provided for by law in which the right of withdrawal does not apply.
This provision does not affect the consumer's legal rights in cases of lack of conformity of the product.
11. USED ITEMS
Items sold as used are sold according to the condition stated in their respective description.
In the event of a legally permitted return, the product must be returned in the same condition in which it was received, taking into account the condition, characteristics and any signs of use expressly indicated in the product description.
Use, alteration, damage or deterioration of the product beyond what is necessary for its inspection may result in the consumer being liable for the corresponding depreciation, in accordance with applicable law.
12. LACK OF CONFORMITY
ElbowGames complies with consumers' legal rights regarding the conformity of goods.
Where a product presents a lack of conformity covered by applicable legislation, the consumer shall have the rights provided by law, which may include, as applicable, repair, replacement, a reduction in price or termination of the contract.
The legal guarantee and rights arising from a lack of conformity are not affected by the rules concerning the condition of products for the purposes of ordinary returns.
13. EXCHANGES
ElbowGames does not offer exchanges for customer preference or convenience.
Where a customer wishes to purchase a different product, they must, where applicable, return the original product in accordance with the applicable legal provisions and place a new order.
This policy does not affect the consumer's legal rights arising from a lack of conformity, defect or other situations provided for by applicable law.
14. REFUNDS
Where a refund is due following the valid exercise of the right of withdrawal, ElbowGames will issue the refund in accordance with the terms and deadlines established by applicable law.
As a general rule, the refund will be made using the same payment method used by the customer for the original transaction, unless otherwise expressly agreed.
ElbowGames may wait until the returned products have been received or until the customer provides proof of their return, where legally permitted.
15. SOLD-OUT OR UNAVAILABLE PRODUCTS
If a product becomes unavailable after an order has been placed, ElbowGames will inform the customer as soon as possible.
Where it is not possible to supply the ordered product, the amounts paid for that product will be refunded in accordance with applicable law.
16. INTELLECTUAL PROPERTY
All content available in the ElbowGames store, including text, images, logos, graphic elements and other content, belongs to ElbowGames or the respective rights holders and is protected by applicable legislation.
The reproduction, distribution or use of the store's content for commercial purposes is not permitted without prior authorisation.
Trademarks and intellectual property belonging to third parties remain the property of their respective owners.
17. DATA PROTECTION
The processing of customers' personal data is carried out in accordance with applicable legislation concerning the protection of personal data.
For detailed information on how personal data is collected, used and protected, customers should consult the ElbowGames Privacy Policy.
18. LIABILITY
ElbowGames endeavours to ensure that the information provided in the store is accurate and up to date.
However, typographical errors, omissions or changes to information may occur.
ElbowGames shall not be held liable for situations resulting from circumstances beyond its control, including delays attributable to carriers or technical interruptions beyond its control, without prejudice to the rights legally granted to consumers.
19. ALTERNATIVE DISPUTE RESOLUTION
In the event of a consumer dispute, the consumer may have recourse to legally competent alternative dispute resolution entities.
The competent entity may vary depending on the consumer's location and the applicable rules on territorial jurisdiction.
Where possible, ElbowGames will seek to resolve any issue raised by the customer amicably before resorting to other means of dispute resolution.
20. COMPLAINTS BOOK
ElbowGames provides the legally required means for consumers to submit complaints.
21. CHANGES TO THE TERMS AND CONDITIONS
ElbowGames may update these Terms and Conditions whenever necessary, including to reflect changes in legislation, regulations or changes to the services provided.
The version applicable to a purchase shall be the version published at the time the relevant order is placed, without prejudice to applicable legal provisions.
22. APPLICABLE LAW
These Terms and Conditions are governed by applicable Portuguese law.
Nothing in these Terms limits or excludes any rights that are mandatorily granted to consumers under applicable Portuguese or European legislation.
23. CONTACT DETAILS
For any questions relating to these Terms and Conditions, orders, products or returns, you may contact ElbowGames at:
ElbowGames
Mafalda Isabel Calado Araújo da Luz Vilares
Rua do Xarafe, n.º 59, R/C Dto.
2910-048 Setúbal
Portugal
Email: geral@elbowgames.com
Telephone: 910032394
Website: elbowgames.com