Terms of Service
Last updated: 10 August 2026
1. Identification of the provider and purpose
These General Terms and Conditions of Sale (the "Terms") govern the purchase of the products offered on the website twoblackcatsgames.com by Ratalaika Games, S.L. (trading as "Two Black Cats Games"), Tax ID (NIF) B-24.650.483, with registered address at C/ Capellán, 53, Villarrodrigo de las Regueras, 24197 León (Spain), email support at twoblackcatsgames dot com (the "Seller"). Applicable law includes, among others, Law 34/2002 (LSSI-CE, the Spanish Information Society Services and E-Commerce Act) and Royal Legislative Decree 1/2007 (TRLGDCU, the Spanish consolidated Consumer and User Protection Act).
2. Definitions
- Customer: any person who places an order through the website.
- Consumer: the Customer acting for purposes outside their business or professional activity, in accordance with Article 3 TRLGDCU, and entitled to the consumer protection regime.
- Products: the software, digital content, development hardware, and physical products offered by the Seller.
3. Pre-contractual information and formation of the contract
Prior to purchase, the Customer is provided with the legally required pre-contractual information regarding the product's characteristics, the total price including taxes, shipping costs, the methods of payment and delivery, and the right of withdrawal and its exceptions. Placing an order requires expressly accepting these Terms by ticking the box provided for that purpose. The contract is formed upon payment and the sending to the Customer of an order confirmation by email. The Terms remain permanently accessible and may be stored or reproduced by the Customer.
4. Products
The Seller markets four product categories subject to differing legal regimes, which is relevant for the purposes of withdrawal and warranty:
| Product | Nature | Regime |
|---|---|---|
| MD Engine (video game engine) | Downloadable digital content | Use licence (EULA); limited withdrawal (Art. 103.m) |
| Asset packs | Downloadable digital content | Same as the software; loss of withdrawal once the download begins |
| Development hardware (dev carts) | Physical good | 14-day withdrawal; 3-year warranty |
| Physical games (cartridge + box) | Sealed physical good | Withdrawal until the seal is broken (Art. 103.i); 3-year warranty |
5. Capacity and purchase process
Only persons of legal age with sufficient legal capacity may contract through the Website. Where the Customer acts on behalf of a company, educational institution, or other entity, they declare that they have sufficient authorisation to contract on its behalf. Product images may be illustrative in nature. The essential characteristics, compatibility, included content, price, availability, and applicable conditions shall be those indicated on each product page and in these Terms.
6. Prices and taxes
Prices are shown in the currency indicated on the Website and include, where applicable, the corresponding taxes. Applicable taxes are calculated in accordance with the regulations in force and are shown, where appropriate, before the order is confirmed. Shipping costs are not included in the price unless expressly stated otherwise, and are shown before the order is confirmed. Deliveries destined for locations outside the European Union may be subject to import duties, tariffs, taxes, or other charges required by the authorities of the destination country, which shall be borne by the Customer unless expressly stated otherwise during the purchase process.
7. Methods of payment
Payment is made through the payment gateways enabled on the website (Shopify Payments), by card or by other means indicated at the time of purchase. The Seller does not store full card details. Payment is made prior to delivery or supply.
8. Availability, reservations, and pre-orders
Availability is indicated on each product page. Certain products may be offered on a reservation or pre-order basis, in which case: (i) the amount is paid at the time of reservation; (ii) the shipping date is the estimated date indicated, subject to product availability; (iii) for orders containing several reserved products with different dates, shipping may be carried out jointly once the last item is available; and (iv) the Customer may cancel the reservation before shipping, with a full refund of the amount paid. In the event of a significant delay with respect to the indicated shipping date or period, or if the reserved product cannot be supplied, the Seller shall inform the Customer and offer them the option of maintaining the reservation or cancelling it with a full refund of the amounts paid.
9. Delivery
The timeframes, zones, carriers, and shipping costs are governed by the Shipping Policy, which forms part of these Terms. Digital products are delivered by download or activation key, without physical shipping.
10. Right of withdrawal
Save for the legal exceptions, the Consumer has 14 calendar days to withdraw from the contract without the need for justification or penalty (Art. 102 TRLGDCU), counted from receipt of the good or from the conclusion of the contract in the case of services. It may be exercised by any means that leaves a record, and the Consumer may use the form set out in the Annex, addressed to support at twoblackcatsgames dot com.
10.1 Exceptions applicable to our products
- Digital content (MD Engine and assets). There is no right of withdrawal where the download has begun following (i) the Customer's prior consent to begin it during the withdrawal period, (ii) their express acknowledgement that they thereby lose the right, and (iii) the Seller's confirmation on a durable medium (Art. 103.m TRLGDCU). This consent is obtained by means of a specific tick box in the purchase process.
- Sealed physical games. There is no right of withdrawal in respect of sealed programs or recordings that are unsealed after delivery (Art. 103.i TRLGDCU). Before the seal is broken, it remains exercisable.
- Development hardware. Fully retains the 14-day right of withdrawal, except for products made to measure or clearly personalised.
Consent to the commencement of the supply of digital content during the withdrawal period and acknowledgement of the loss of the right of withdrawal are obtained by means of a specific and separate tick box during the purchase process or before the download or activation begins. Acceptance shall be reflected in the confirmation of the contract sent to the Customer on a durable medium.
10.2 Consequences of withdrawal
Where validly exercised, the Seller shall reimburse the payments received, including the costs of standard delivery, without undue delay and, at the latest, within 14 calendar days, using the same means of payment used, and may withhold the reimbursement until it has received the goods or proof of their return. The Customer must return the goods within 14 calendar days, bearing the direct costs of return (Arts. 107.2 and 108 TRLGDCU), except for defective products or Seller error, and is liable for any diminished value resulting from handling other than that necessary to inspect the good. The reimbursement shall include the costs of standard delivery initially paid, but not the additional costs arising from the Customer's choice of a delivery method other than the least expensive standard delivery offered by the Seller.
11. Legal guarantee of conformity
- Goods (hardware and physical games): three-year guarantee from delivery (Art. 120.1 TRLGDCU); defects manifesting within the first two years are presumed to have existed at delivery (Art. 121.1 TRLGDCU).
- Digital content and services (MD Engine and assets): two-year guarantee from supply; presumption during the first year (Arts. 120.1 and 121.1 TRLGDCU). Exception: In the case of digital content or services supplied continuously over a set period (for example, use licences), the Seller shall be liable for any lack of conformity that occurs or manifests during that supply period, in accordance with applicable law.
In the event of a lack of conformity, the Customer shall be entitled to have the product brought into conformity (repair or replacement) and, secondarily, to a price reduction or termination of the contract, such remedies being free of charge. To process an incident, the Customer shall make contact at support at twoblackcatsgames dot com. The Seller may request from the Customer a reasonable description of the incident and, where proportionate given the nature of the defect, photographs, videos, or other technical evidence enabling the repair, replacement, or reshipment to be managed. If it is necessary to physically verify the product, the Customer must make it available to the Seller, who shall bear the necessary costs where the matter concerns a lack of conformity covered by the legal guarantee. This process does not unduly limit or condition the Customer's legal rights.
12. Software use licence
The use of MD Engine and other software is governed by its use licence (EULA), accepted at the time of download, installation, or activation, which regulates, among other matters, the number of authorised devices, reactivations, the educational licence, permitted and prohibited uses, and the technical effects of a return or contract termination on activated licences. The EULA shall prevail with respect to the conditions of use of the software, without prejudice to the non-waivable rights to which consumers and users are entitled under applicable law.
13. Intellectual and industrial property
The contents of the site and the Seller's own distinctive signs are protected by intellectual and industrial property law. The names of third-party consoles are used descriptively, to indicate compatibility, in accordance with Article 37 of Law 17/2001 and Article 14 of Regulation (EU) 2017/1001; such trademarks belong to their respective owners, without affiliation or sponsorship. Hardware based on open designs respects the authorship and licences of the base designs.
14. Liability
The Seller is liable for the proper performance of the contract to the extent legally required, without excluding any liabilities that the law does not permit to be excluded vis-à-vis consumers. The Seller shall not be liable for service interruptions arising from causes beyond its reasonable control.
15. Customer service and complaints
For any query, incident, or complaint, the Customer may contact support at twoblackcatsgames dot com. The Seller shall handle complaints in the shortest possible time and, in any event, in accordance with applicable law. Where legally required, the Seller shall make available to consumers the official complaint forms or equivalent complaint mechanisms. The consumer may, where appropriate, resort to the alternative dispute resolution mechanisms in consumer matters provided for by applicable law.
16. Partial invalidity, language, modification, and applicable law
The Terms are governed by Spanish law, without prejudice to the mandatory consumer and user protection rules that may be applicable. Where the Customer has the status of consumer or user, any dispute shall be submitted to the courts and tribunals having jurisdiction in accordance with applicable law. Where the Customer acts as a business or professional, and provided that applicable law so permits, the parties expressly submit to the Courts and Tribunals of Málaga, waiving any other jurisdiction to which they might be entitled.