MICROSOFT STORE TERMS OF SALE -- NOVEMBER 2008
This document contains information about payment, pricing, shipping, return, refund, and other matters related to the purchase and sale of items from the Microsoft Store.
You agree that your purchase from the Microsoft Store is subject to the terms and links provided below.
Except as set forth in the Refunds + Returns policies, all purchases from Microsoft Store are final, non-cancelable and non-refundable.
You must be over 18 years old, be a resident in the United States, have a proper billing address in the United States and hold a United States- issued credit card to order any products from Microsoft Store.
YOUR ACCOUNT
Information about your purchase history and making changes to your Microsoft Store account can be found here:
Your Account
PAYMENT + PRICING
Information on our payment options, pricing, and taxes can be found here:
Payment + Pricing
ORDERS + SHIPPING
Information on our orders, shipping can be found here:
Orders + Shipping
Information on our shipping options can be found here:
Shipping Options
Information on our software downloads can be found here:
Software Downloads
Information to track your order can be found here:
Tracking Your Order
RETURNS + REFUNDS
Information on our returns and refunds policies can be found here:
Returns + Refunds
TERMS OF USE OF SOFTWARE
If you purchase software from Microsoft Store, your use of that software is under the terms of the license that is presented to you for acceptance for that software and not any other terms on the Microsoft Store site. Please see the Microsoft Store Terms of Use for more information.
You will not disassemble, decompile, or reverse engineer any software purchased from Microsoft Store, except and only to the extent that the law expressly permits this activity.
PRODUCT AVAILABILITY
We will make every effort to ensure that products appearing in and/or purchased by you from Microsoft Store are available, but we cannot guarantee that all items will be in stock or immediately available when you submit your order. We will not charge you for any unavailable items and will refund for any payments mistakenly made.
DELIVERY AND RISK OF LOSS
Any delivery times quoted are estimates only. We will do our best to meet the delivery estimates, but we cannot guarantee particular dates. We will deliver to the address you have provided. You may not change the delivery address once an item has been shipped.
You shall not be entitled to reject items shipped to you, unless such items have been damaged in transit or the items are defective as they were shipped to you, and you notify us within 30 days of receipt. You retain all risk for damages to purchased products caused by your actions or negligence.
If you refuse delivery of any products that are conforming under these terms, you remain liable for payment and risk of loss passes to you. If you refuse to claim them after 30 days, we may dispose of them and set off the proceeds of sale against any sums you owe.
In the event of any under delivery, we may issue make goods or refunds, at our option. Unless separately provided by law, you will not be entitled to reject the products in whole or in part in the event items are under delivered, and you must pay for any products actually delivered to you.
TERMINATION
If you become subject to voluntary or involuntary bankruptcy actions, you become insolvent, or you cease to do business in the ordinary course, we may refuse to ship or stop shipment of any items ordered by you.
LIABILITY LIMITATION
IN NO EVENT WILL OUR LIABILITY EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS GIVING RISE TO THE CLAIM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER BASED IN BREACH OF CONTRACT, TORT, OR OTHER LEGAL THEORY). IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, LOST PROFITS, LOST REVENUE OR OTHER SIMILAR DAMAGES. THESE LIMITATIONS REMAIN IN EFFECT REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER OR NOT THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
WARRANTIES
We make no separate warranties with respect to the products sold on this site. All warranties are provided with the products. WE MAKE NO SEPARATE EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, AND NON-INFRINGEMENT.
EXPORT
All products on Microsoft Store are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the products. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.microsoft.com/exporting
PERSONAL INFORMATION AND PRIVACY
Any personal information you provide to us in connection with your purchase of products is subject to the Privacy Policy
GENERAL TERMS
We will not be liable to you for any loss, damage, or breach of any obligation by us due to an event outside our reasonable control, including, but not limited to war, riot, natural disaster, strike, riot, civil disturbance, supply chain interruption, impossible use of private or public telecommunications network or other event of force majeure. For these or other reasons, we may elect to cancel your order.
These Microsoft Store Terms of Sale, the Microsoft Store Terms of Use , and the information incorporated by reference in these Microsoft Store Terms of Sale constitutes the entire agreement of the parties with respect to your purchase of Products from Microsoft Store and supersedes all prior contracts or agreements between us. We may modify these Terms of Sale (1) for this transaction, by providing notice to you for future effect and (2) for future purchases by posting them on our web site.
No waiver of these terms may be made unless such are in writing and signed by Microsoft.
These Microsoft Terms of Sale are governed by the laws of the State of Washington. Any disputes must be resolved in the federal or state courts in King County, Washington.
