Terms and Conditions
Application of Terms and Conditions
These terms and conditions apply to all contracts between you and us.
THESE TERMS AND CONDITIONS
These Terms and Conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights.
We may change these terms and conditions at any time. We may change these terms of sale without notice to you in relation to future sales. Any changes will take effect on the date they are posted onto the site (see date above). You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.
An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.
“Conditions” means the standard terms and conditions of sale, license and supply set out in this document. "We", "us, "our", means Softwarebrands Ltd.
"You", "your" means the person ordering products under these terms and conditions.
"Working days" means all days other than Saturdays, Sundays, and Public Holidays.
"Product" means the product or products you have ordered from us in accordance with these Conditions. “Writing” “Written” includes electronic transmission (including e-mail) and comparable means of communication.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
Before Placing an Order
Our availability information is updated regularly, but it is possible that in some instances a product may become unavailable between updates.
We will make every reasonable effort to deliver the products you have ordered within the delivery timeframe applicable at the time of order. If this is not possible, we will notify you and at your option agree a different delivery period or provide a substitute product of equivalent value. Alternatively, you may cancel your order in which case, if your payment card has been debited, we will refund you the purchase price.
Our policy is to cancel orders if we have been unable to supply products within 28 days, with the exception of products that have not yet been released.
On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.
The delivery times given are approximate and delays can sometimes occur. You will receive an email as soon as your order is dispatched.
All delivery times quoted on this website are estimates only, these times are based on working days.
You will become the owner of the products you have ordered when the products have been delivered to you.
Promotions and special offers can be withdrawn at any time with out notice.
PRICES AND PAYMENT
All prices and charges on this site are in UK pounds. They include any VAT payable, but exclude delivery charges (for details see ‘Delivery’ below).
The total cost of your order will be the price of the products you order plus any applicable delivery charge. All these will be set out clearly during the checkout confirmation stage before you submit your order.
Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.
We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
Shipping and Delivery
Delivery times are calculated in working days - i.e. Monday to Friday inclusive (but excluding bank holidays). If you order after 4.00pm, please calculate your delivery time as if your order had been placed the following working day.
Orders are shipped within 1-5 working days, although this cannot always be guaranteed during periods of peak demand. Occasionally publishers delay release dates or de-list titles temporarily or permanently without notice. We aim to provide weekly updates on delayed titles.
IMPORTANT: We do everything we can to meet the delivery times specified in this section. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
Confirming the Order
In placing this order you confirm that you are aware of any restrictions on these products and assert that you are eligible to purchase them.
The Contract Between Us
After you have confirmed your order we will send an email to you summarising each order you have placed.
Your payment card will be debited once you commit and accept the terms and conditions of this site. The funds do not clear and will not be transferred to Softwarebrands Ltd until the next working day. Orders are only packed and dispatched once the funds have cleared.
Contracts formed between Softwarebrands and users as a result of using this site shall be governed in all respects by English law and all such users hereby submit to the non-exclusive jurisdiction of the English courts.
No contract will subsist between you and softwarebrands for the sale of products by us to you until your credit/debit card has been charged. This will be deemed to be our acceptance of your offer and to have been effectively communicated to you. This is to be interpreted and enforced with the laws of England, in its entirety and will be subject to the jurisdiction of the English courts.
This disclaimer does not affect your statutory rights as a consumer.
Please note that some of our processes are manual and errors can arise. We carry out frequent checks to detect any errors. If they do occur, we will act immediately to minimise inconvenience and disappointment that may be caused.
Your right of cancellation
You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods. You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you.
To exercise your right of cancellation, you must give written notice to softwarebrands. Giving details of the goods ordered and (where appropriate) their delivery. It is your responsibility to ensure we receive this notification. (You may be asked to provide evidence of this in the unlikely event we do not have a record of your notification) Notification by telephone is not accepted.
Exceptions to the right include software OEM (Original Equipment Manufacture) software are not returnable nor refundable this is due to the product activation key code being exposed. OEM hardware is not refundable but an exchange will be offered only. These items will remain the property of the consumer and will not be credited.
The 7-day and the 14-day returns regulations impose a responsibility on the consumer to take reasonable care of any goods that have been supplied. The obligation applies before as well as after the consumer has given the notice of cancellation. The 7-day provision is designed to ensure such goods can be sold as new again. You will be wholly responsible under the 7-day regulation for the cost of return delivery and all damages will be at the consumer’s risk. We interpret reasonable care as meaning the goods are in perfect condition with all box and packaging intact. All accessories must be unopened. Goods that have not been agreed by softwarebrands for return will not be accepted and will be refused. Goods that do not fall into the above criteria and are not resalable as new will be subjected to a 25% handling fee off the purchase price to bring product into a saleable condition. All transactions processed comply with the Distance Selling Regulations 2000.
All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval. We acknowledge our responsibility for the quality of our products. However, to provide our customers with the best possible service, the manufacturer acts as our authorised agent and will deal with you directly if your item develops a defect. We will guide you as to the course action you will need to follow.
We reserve the right to test Products returned as faulty and to return to you (at your expense) any products found not to be faulty. In this case we may in addition charge you our costs of testing the product.
If the goods supplied to you are damaged on delivery, you should notify US in writing via email within 14 days.
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the US in writing via email, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
All of the above will become void if upon receipt item, which will be inspected and has found to be not the original items shipped or it has been tampered with.
Additional insurance and extended warranty periods may be available at an extra cost on certain products. We do advise that you consider taking "extended warranty" wherever possible. Please contact the manufacturer.
All goods over 14 days since receipt by the customer will be repaired in line with the manufacturers warranty and you should send a clear description of the problem.
Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to US at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance, ask you to return the goods yourself and possibly refund you the reasonable postage costs. (This will be at our discretion)
Once you have notified the softwarebrands that you are cancelling the contract, softwarebrands will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
Except in the case of faulty or misdescribed goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
You do not have the right to cancel the contract if the order is for computer software, which has been unsealed by you, or for consumable goods, which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
All products supplied are covered by the terms and conditions of the manufacturer and are covered by the stipulated warranty period.
ORDER PROCESS - ORDERS FOR DELIVERY
You will have an opportunity to check and correct any input errors in your order up until you click the Submit Order button.
After you submit an order we will give you an Order Reference Number and details of the products you have ordered. We will send the same details to you in an e-mail (our first e-mail).
Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail, which will confirm your order and contain details that we will process your order. (Alternatively, we may decline all or part of your order for any reason, in which case our third email will tell you so.)
When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency checks with Experian Limited or other agencies. In particular, we may pass your details to Experian for them to check against certain public and private databases. Experian may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions.
We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
Education or Academic version of software are made available to students, teachers, schools, Parents, Guardians, colleges, employees of schools and colleges, Universities and colleges (Campus),Primary and secondary schools (School),Government Education Authorities (e.g. LEAs) Department for Education and Skills (DfES),Public research establishments, Government training colleges Teaching hospitals, Public libraries, Museums, Prison education centres non-profit organizations and others based on qualification criteria. Academic/ Education software are not for use in a commercial environment. By purchasing the software you are indicating that you meet the eligibility requirements of the software being purchased. (You may be asked to provide evidence of your eligibility).
OEM (Original Equipment Manufacturer) Software is available for System builders only (people who build computers). By purchasing OEM software you agree that you are a system builder and not an end user, as it is illegal for end users to purchase OEM software. Also OEM software is not deemed returnable if an end user purchases it, as it is clearly stated on the website that OEM software is only available for system builders.