General Conditions of Sales Applicable to Users
IDENTITY OF THE SOFTWARE DEVELOPER MSWARES LIMITED:
Company Number: 15332078
Company Name: MSWARES LIMITED
Our Register office Address : (29 CONSTANCE STREET, LONDON, ENGLAND, UK, E16 2DQ)
ELIGIBILITY:
You must be at least 18 years of age to access or use our Services. If you are under 18, you are only allowed to access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
APPLICATION OF CONDITIONS:
These general terms and conditions of sale (GCS) are applicable to all sales made by consumers on mswares.com website. Professional buyers as resellers are invited to visit mswares.com or contact our customer care. You agree that the information requested for the conclusion of the contract or those submitted during its execution will be transmitted electronically. The GCS may be modified at any time and without prior notice by Our Company, the modifications being applicable to all subsequent orders. The applicable GCSs are those that are operative on the day of the order.
ORDERS:
The essential features of the product are indicated in the “Product description section”. Our Company can update, improve its cards and withdraw its products from the sale. How long the spare parts that are essential to the use of goods will be available on the market will be communicated to you when we are informed by the manufacturer. For products that are not stored in our storehouses, the availability of our offers depends on the availability of our suppliers. The delivery restrictions are indicated in the product sheet. It is your responsibility to check with the local authority in your country for any import restrictions or use of products or services you plan to order. Any weird orders that are made in bad faith, any fraud or attempted fraud, any incident concerning the payment for order could lead to the deletion and/or deactivation of the customer account concerned and/or the refusal of the order.
STEPS TO CONCLUDE THE CONTRACT:
The GCSs are available on our website and sent by e-mail with the invoice. When the first order is placed on the Internet, all new customers must create a “Client Account”; a login and a password of at least six alphanumeric characters will be requested. At each order validation, you will be directed to your account via a secure connection recalling the contents of your order. Your order can be changed at any time before its final validation. It will be definitively registered only after the information has been completed and final validation has been completed. The order placed on our site is automatically cancelled if the payment is not received. English is the only language proposed for the conclusion of the contract. Our Company archives purchase orders and invoices on its servers (a copy can be delivered to you upon request for payment of the reproduction costs). The contract is validly concluded as a result of the “double-click” procedure (possibility to verify the detail of your order and its total price and to correct any errors before confirming it to express your acceptance). The acceptance of your order is confirmed by the sending of an email generated automatically by our website to the e-mail address indicated during the creation of the customer account.
PRICES:
The prices shown on the site are indicated in USD, all taxes included, excluding shipping costs. The cost of delivery is calculated automatically according to each order; it appears on the summary of your order before the final registration. Any order delivered outside mainland France may be subject to any local taxes, customs duties, dock dues and customs clearance costs at the time of delivery. Their acquittal is your responsibility. Please contact the competent authorities of the country of delivery.
PAYMENT:
Any payment made to Our Company cannot be considered as a deposit. The means of payment accepted are indicated on the page “payment methods” of the website. In case of a complaint, you can never withhold all or a part of the sum or ask for a refund. In case of late payment or partial payment, Our Company may for this reason alone and without the need for any prior notice suspend immediately the deliveries without you being able to claim damages. As a precaution against fraud, our Company may ask you to justify your identity, your address and the payment methods used. In this case, the processing of your order will be carried out after the receipt of these documents. In the absence of receipt of these documents or in case of receipt of justifications that are deemed non-compliant the order can be cancelled and the account blocked.
LEGAL NOTICE FOR SOFTWARE DELIVERED BY MAIL:
A download product is excluded from the refund once the customer has received the order email in which both the download link and the license intended for him are included and visible.
In accordance with the provisions of the Court of Justice of the European Union since the judgment in UsedSoft GmbH vs. Oracle International Corp., dated 3 July 2012 (Case C-128/11), EB states that:
Licenses that are sent and distributed only once cannot be resold to any other customer. Once the customer has received his or her electronically transmitted license, the license is his property and cannot be passed on to any other person.
the Product was acquired by EB legally
The Product is not a trial or a temporary version, it is a version that is valid for life.
Right of withdrawal. By accepting our terms and conditions of sale and in accordance with the provisions of article L .121-21-8 of the Consumer Code, the customer waives any right of withdrawal for all software products that are transmitted electronically after receiving the order confirmation.
CONTACT AND AFTER-SALE SERVICE:
If you have any request, we invite you to contact our services by logging on our site and by visiting the CONTACT page for mswares.com or by writing to mswares.com or to the following address: (29 CONSTANCE STREET, LONDON, ENGLAND, UK, E16 2DQ)
PROPERTY RESERVES:
The goods delivered to you and invoiced will remain the property of Our Company until full payment of their price. During the period from the delivery to the transfer of goods the risk of loss, theft or destruction, as well as any damage you may incur, shall remain your responsibility.
COMPUTERS AND FREEDOMS:
Our Company collects information about you when you create your Client Account. This information enables us to carry out operations relating to customer management, prospecting, the development of business statistics, the management of requests for access rights, rectification and opposition, the management of Unpaid orders and litigation, management of promotional operations and reviews moderation. These data may be used for sending information and promotional offers from Our Company, from which you can unsubscribe at any time by unchecking the My Account / Manage My Subscriptions page option.
FINAL PROVISIONS:
Our Company will archive purchase orders and invoices on a reliable and lasting basis constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized records of our Company shall be considered by the parties as evidence of communications, orders, payments and transactions between the parties unless proven otherwise. French law is applicable without, however, removing the application of the mandatory legislative rights granted to consumers or a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country. Should any of the clauses or provisions of these Terms and Conditions be annulled or declared illegal by a final court decision, such nullity or illegality shall not affect the other clauses and provisions, which shall continue to apply. The consumer is informed of the possibility of resorting, in case of dispute, to a conventional mediation procedure or to any other alternative means of dispute settlement). The consumer is also informed of the existence of the platform put online by the European Commission which aims to collect any complaints arising from an online purchase of European consumers and then forward the cases received to the competent national mediators.
REFUND & RETURN POLICY:
MSWARES LTD selling Digital goods. We offer 7 days return if this software is not used. However, 30 days replacement warranty if any goods not working. & Lifetimes support from us.
support@mswares.com
Thank you for choosing MSWARES LTD. We hope you enjoy our Services!