Terms and Conditions
Terms & Conditions
By agreeing to these terms & conditions, you are also agreeing to our Returns Policy.
We cannot be held responsible for orders “made in error”, and/or the wrong products being ordered.
Refunds can only be processed IF, in the unlikely event, that a license key is faulty.
If you’re unsure of which product to purchase, please Contact US beforehand.
Digital downloads are given their own unique category under the Consumer Contracts Regulations and are therefore not services or goods.
If you want to download/use something within 14 days of buying it, you agree to these terms and conditions and you are automatically giving your consent, and agree to waive your cancellation rights.
This is to protect digital goods sellers against certain users abusing the system, by purchasing a license key, using it, then applying for a refund.
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, write to us on email@example.com
- These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Fairsoftware GmbH (the Supplier or us or we).
- These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
- Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- Website means our website www.fairsoftware.co.uk on which the Services are advertised.
- The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
- The price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order.
- Fees and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately.
- We will deliver the Services, including any Goods, to the Delivery Email by the time or within the agreed period.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- Please refer to the top of this page for your cancellation rights. By making a purchase, you are agreeing to these terms.
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- Please refer to the top of this page for your return rights. By making a purchase, you are agreeing to these terms.
- We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
- Consumer accepts that he/she is acting for his own company or on behalf of a third party company which he/she represents.
- Consumer accepts and guarantees that he is VAT registered and is using his real VAT number or, in the case he has not used his VAT number upon purchase, he agrees to send it to the Supplier after purchase. In the case that this conditions are not met, the Supplier will have to charge VAT to the order.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: so contact firstname.lastname@example.org to solve your dispute.Warranty and Limitation of Liability
fairsoftware warrants that Goods purchased through the Website will be of satisfactory quality and fit for the purpose for which they are supplied.
All Goods supplied by fairsoftware are warranted free from defects for 12 months from the date of purchase, unless otherwise stated. All warranties are return to base except where a manufacturer’s warranty exists in which case You must conform with the manufacturer’s warranty procedures. Defects in the Goods arising due to fair wear and tear or due to damage howsoever caused by You or any third party will not be covered under this warranty. This warranty does not affect Your statutory rights as a consumer.
fairsoftware shall not be liable to any person for any loss or damage arising from the use of any Goods or information displayed on the Website.
fairsoftware shall not in any event be liable (whether in contract or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time, failure to make anticipated savings or liability You may incur to any third party arising in any way in connection with these Terms or otherwise whether or not such loss has been discussed by fairsoftware and You pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
fairsoftware’s aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to a sum equal to twice the Fee excluding VAT.
Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Nothing in this clause shall operate so as to exclude fairsoftware liability for death or personal injury arising out of its negligence.
Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter which might otherwise cause these Terms to become ineffective.
Under Article 4 (c) of the European Council Directive on the Legal Protection of Computer Programmes, digital goods are not “first sale,” and are covered by the EU Community Exhaustion doctrine
Data protection & privacy
Data Protection and Privacy for fairsoftware GmbH t/a fairsoftware.co.uk
1.1 This policy sets out the basis on which any personal data we (fairsoftware.co.uk GmbH t/a fairsoftware.co.uk) collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1.2 For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is fairsoftware.co.uk GmbH t/a fairsoftware.co.uk.
2.Personal information we may collect
2.1 We only collect identifiable personal data or information that is voluntarily provided by a visitor to our site. For example, a visitor to our site may choose to provide personal information in order to contact us for further information, join our mailing list, sign up for our membership or register for a course or event.
2.2 We may collect the data about you via: 2.2.1 Information that you provide by filling in forms on our site, 2.2.2 completing our events/training course booking forms or email enquiries. 2.2.3 telephone enquiries 2.2.4 subscribing to our services and offers 2.2.5 registering to use our site, 2.2.6 We may also ask you for information if you report a problem with our site.
2.3 We may collect the following data about you: 2.3.1 If you contact us, we may keep a record of that correspondence. 2.3.2 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. 2.3.3 Details of transactions you enter into with us either through or in connection with our site. 2.3.4 Details of your visits to our site and the resources that you access. 2.3.5 Information you provide to us for the purpose of subscribing to our site services, email notifications and/or newsletters.
3.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our user’s browsing actions and patterns, and does not identify any individual.
4.1 Cookies are small data files which most website operators place on the browser or hard drive of their user’s computer. Cookies may gather information about the user’s use of the website or enable the website to recognise the user as an existing customer when he returns to the website at a later date. Cookies may also be used to collect information about the user which allows the website operator or a third party to create a profile of the user, their preferences and their interests for the purpose of serving the user with targeted, interest-based advertising.
5.Information security – Storing Your Personal Data
5.1 All information you provide to us is stored on secure servers. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5.2 All reasonable and appropriate technical and organisational measures will be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
5.3 We will ensure that: 5.3.1 only authorised people will be able to access, alter, disclose or destroy personal data; 5.3.2 those people only act within the scope of their authority; and 5.3.3 if personal data is accidentally lost, altered or destroyed, it can be recovered to prevent any damage or distress to the individuals concerned.
5.4 As and when appropriate, we will conduct information risk assessments to ensure data protected to a reasonable and appropriate standard for the nature of data held.
6.How we may use your data
6.1 We use this information held about you in the following ways: 6.1.1 To ensure that content from our site is presented in the most effective manner for you and for your computer. 6.1.2 To provide you with information, products or services that you request from us or which we feel maybe of legitimate interest to you, or where you have consented to be contacted for such purposes. 6.1.3 To carry out our obligations arising from any contracts entered into between you and us. 6.1.4 To allow you to participate in interactive features of our service, when you choose to do so. 6.1.5 To notify you about changes to our service. 6.1.6 We may also use your data on behalf of selected third parties, to provide you with information about goods and services which may be of legitimate interest to you and we may contact you about these. 6.1.7 If you are a client, we may legitimately contact you (by e-mail, SMS, telephone, post) with information about goods and services similar to those which were the subject is relevant to the services previously provided to you. 6.1.8 If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
7.1 We may process your personal data on the grounds of legitimate interest. We will only process your data in this way if we think there is real and genuine interest to both you and ourselves.
7.2 We process personal information for certain legitimate business purposes, which include some or all of the following: 7.2.1 Where the processing enables us to enhance, modify, personalise or otherwise improve our services / communications for the benefit of our customers 7.2.2 To identify and prevent fraud 7.2.3 To enhance the security of our network and information systems 7.2.4 To better understand how customers interact with our website 7.2.5 To provide communications (postal, SMS text, telephone, email) containing information, products and/or services which we think will be of interest to you. 7.2.6 To determine the effectiveness of promotional campaigns and advertising. 7.3 Whenever we process your data for these purposes we will ensure that we always keep your personal data rights in high regards and take account of these rights. If you do not want us to process your data in this way or have a specific objection, please notify us by email, email@example.com with the subject line “Data Protection”. Please bear in mind that if you object this may affect our ability to carry out services and the tasks in clause 7.2 for your benefit.
8.1 Personal data processed for any purpose or purposes will not be kept for longer than is necessary for that purpose or those purposes needed. We will regularly review the personal data we retain, securely deleting where appropriate, anything we no longer need.
8.2 Information that does not need to be accessed regularly, but which still needs to be retained, will be safely stored or archived.
8.3 If it is necessary to hold data for one of the reasons set out in Schedules 2 and 3 of the Data Protection Act (such as the performance of a public function or compliance with employment law), then we will retain data for as long as that reason applies.
8.4 At the end of the retention period, or the life of a particular record, it will be reviewed and deleted, unless there is some special reason for keeping it.
8.5 Further information about how to access data can be found in our Subject Access Request policy.
8.6 Further information related to the retention and deletion of data can be found in our Data Deletion & Shredding Policy.
9.Disclosure of Your Information
9.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
10.1 You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing at any time by contacting us via firstname.lastname@example.org using the subject line “Data Protection”.
Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT. Your use, distribution or installation of this copy of “MICROSOFT PRODUCTS” indicates your acceptance of this License.
SOFTWARE PRODUCT here means Software, image files, all accompanying files, data and materials received with your order of “MICROSOFT PRODUCTS”.
If you do not agree to any of the terms of this License, then do not install, distribute or use the SOFTWARE PRODUCT. If you have purchased a single copy from fairsoftware.co.uk GmbH or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges. The 30-day warrantee is applicable only to products bought within UNITED KINGDOM. Products downloaded to or shipped out of YOUR COUNTRY are strictly non-refundable.
Warrantee covers defects in the software, which prevents successfully installing the software in the buyer’s PC. Warrantee does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
This SOFTWARE PRODUCT is for personal use only and may be installed and used by on only one computer. Its component parts may not be separated for use on more than one computer. SOFTWARE PRODUCT may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by fairsoftware.co.uk GmbH and may not be taken apart, modified, used or published with other software or means except with the SOFTWARE PRODUCT software and may not be distributed or copied in any manner.
This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed
“AS IS” and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of fairsoftware.co.uk GmbH will be limited exclusively to refund of purchase price. In addition, in no event shall fairsoftware.co.uk GmbH, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of SOFTWARE PRODUCT.
In addition, in no event does fairsoftware.co.uk GmbH authorize you to use this SOFTWARE PRODUCT
in applications or systems where SOFTWARE PRODUCT ‘s failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold fairsoftware.co.uk GmbH harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on
the subject matter, and merges and supersedes all other or prior understandings,
purchase orders, agreements and arrangements. This Agreement shall be governed by the
laws of UNITED KINGDOM OR STATE.
fairsoftware.co.uk GmbH the owner of the copyright of this SOFTWARE PRODUCT, all of its derivatives, title and accompanying materials are the exclusive property of fairsoftware.co.uk GmbH. All rights of any kind, which are not expressly granted in this License, are entirely and
exclusively reserved to and by fairsoftware.co.uk GmbH . You may not rent, lease, transfer, modify,
translate, reverse engineer, de-compile, disassemble or create derivative works based on this SOFTWARE PRODUCT. You may not make access to SOFTWARE PRODUCT available to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by fairsoftware.co.uk GmbH herein.
You may not disclose to other persons the data or techniques relating to this SOFTWARE PRODUCT that you know or should know that it is a trade secret of the fairsoftware.co.uk GmbH in any manner that will cause damage to fairsoftware.co.uk GmbH.
This SOFTWARE PRODUCT and all services provided may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any UNITED KINGDOM, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold fairsoftware.co.uk GmbH harmless from any claims resulting from the use of this SOFTWARE PRODUCT, which may damage any other party.
All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by international copyright laws.
*When purchasing/using Microsoft products, you conform to comply with Microsoft’s policies