Microsoft Online Store

Terms of sale

June 2012

Welcome to the Microsoft Online Store at www.microsoftstore.com/store/msca/en_CA/home (the "Microsoft Store" or "Website"). The Microsoft Store is a website operated by Microsoft Corporation ("Microsoft," "We," "Us," "Our"), located at, One Microsoft Way, Redmond, WA 98052, USA.

If you purchase products (which term shall include products and/or services) from the Microsoft Store, you accept and agree to these Terms of Sale ("Terms of Sale" or "Contract"), the Microsoft Terms of Use, Microsoft’s Privacy Statement, and any other applicable terms, conditions, policies or disclaimers found in the Microsoft Store (collectively the "Microsoft Store Policies"). We encourage you to read the Microsoft Store Policies carefully. PLEASE DO NOT PURCHASE PRODUCTS FROM THE MICROSOFT STORE IF YOU DO NOT AGREE TO THE MICROSOFT STORE POLICIES.

Microsoft may update the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Please review the current Terms of Sale each time you visit the Microsoft Store. The most current version of the Terms of Sale and the other Microsoft Store Policies can be reviewed by clicking on the appropriate hypertext link located at the bottom of the Microsoft Store web pages. We recommend that you print a copy of the Terms of Sale for your future reference and use in connection with your purchase.

Please note that if we have a Microsoft Retail Store location in your country, it may have different policies.

  1. GEOGRAPHIC AVAILABILITY

    The Microsoft Store is intended for use by customers who reside in Canada. To purchase products, you must have a valid Canadian billing and shipping address. There may be limits on where we can ship products as set forth in our shipping policies.

  2. EXPORT LIMITATIONS

    Products purchased from the Microsoft Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. By purchasing, licensing, downloading or using such products, you agree to comply with all international and national laws and regulations that apply to such products.

  3. LIMITATIONS ON USE BY MINORS

    You must have reached the age of majority in your province/territory of residence to purchase products from the Microsoft Store.

  4. USE OF INFORMATION ABOUT YOU

    We process, use and maintain information about you and your purchase history according to Microsoft Store’s Privacy Statement. By using the Microsoft Store, you consent to such processing, use and storage of your information.

  5. ACCURACY OF BILLING AND ACCOUNT INFORMATION

    You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Microsoft Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.

  6. PRODUCT DISPLAY AND COLOURS

    Microsoft attempts to display product colours and images as accurately as possible. Different computer monitors display colour differently, however, and we cannot guarantee that the colour you see on your monitor will exactly match the colour of the product.

  7. ERRORS ON SITE

    We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Microsoft Store Website at any time, including to product prices, specifications, offers and availability. We also reserve the right to revoke any product offer and refuse, reject or cancel any order at any time to correct for errors, including errors on the Microsoft Store Website.

  8. PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS

    Product prices and availability are subject to change at any time and without notice. Microsoft may place a limit, at any time and for any reason, on quantities that may be purchased per order, per account, per credit card, per person, or per household. Microsoft may also refuse, reject or cancel any order at any time and for any reason. If your credit card expires between when you place your order and when we process the transaction, we will cancel the order. If we are unable to deliver your products within the delivery period stated in your Order Confirmation or, if no date is specified, within thirty (30) days of the date of your order, you may cancel your order for those products for a full refund. Microsoft also reserves the right, in its discretion, to restrict or prohibit sales to dealers or resellers.

  9. ORDER CANCELLATION

    We will notify you if we cancel your order. Notice will be given to the contact information that you supplied when placing your order. You are responsible for the accuracy of the information that you provide. You will have no recourse whatsoever if we cancel your order, regardless of the reason, unless we have already taken payment for the order. If your order is cancelled by us after we have taken payment for the order, your sole recourse will be a refund for the amount related to the cancelled order. We will issue a credit or refund to the same method of payment and account used to place the order within thirty (30) days of your order. Depending upon how long it takes your bank or account to process the refund, it may take longer than thirty (30) days for you to receive the refund. In some instances, and at our discretion, we may offer you an equivalent product in lieu of a refund which you may decide to accept or reject.

  10. SOFTWARE PURCHASES AND LICENSE TERMS

    When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at the Microsoft Store are subject to the license agreement that accompanies the software product. You will be required to agree to the terms and conditions of the license agreement at the time you install the software. Please read the Microsoft Store information on Terms of Use for more information. BECAUSE SOFTWARE PRODUCTS GENERALLY CANNOT BE RETURNED ONCE OPENED, PLEASE CONTACT THE MICROSOFT STORE IF YOU WOULD LIKE TO READ A COPY OF THE APPLICABLE LICENSE AGREEMENT BEFORE YOU OPEN THE SOFTWARE.

  11. ELECTRONIC SOFTWARE DOWNLOADS

    Electronic software download ("ESD") products are delivered to you by making a download link available in your Windows Live account associated with your product purchase as described in the Help section of our Website. We will store the download link and related digital key in your Windows Live account for an average minimum period of three (3) years following the purchase date. For ESD subscription products, different terms and storage rights may apply.

    You agree that we may cancel or modify our digital key storage program, or stop supporting the storage of keys for one or more products at any time and for any reason, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days advance notice to you using the contact information for the related Windows Live account.

  12. OTHER TERMS AND CONDITIONS

    In addition to software and ESD products, other products and services available for purchase or trial on Microsoft Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase or use those products, you may be required to accept those terms as a condition of purchase, install or use.

  13. PRICE AND PAYMENT

    The price of products at Microsoft Store will be as stated on the Website, except in the case of error or as otherwise provided in Section 7 above. If we have a Microsoft Store retail location in your country, the prices, product selection and promotions offered on the Website may vary at any time from what is offered or available in our retail locations. Microsoft does not guarantee that a price, product or promotion offered online will also be available or honoured at a retail location. Similarly, Microsoft does not guarantee that a price, product or promotion offered at a retail location will also be available or honoured online.

    Pricing at Microsoft Store is based on sales of software and hardware to individual end consumers. If you are purchasing for a commercial, educational or government organization, please contact us for more information about our volume licensing programs.

    Microsoft Store does not have a price match guarantee. It will not match the advertised price other retailers offer for the same items.

    We may offer you the opportunity to pre-order a product from our Website before it is available for purchase. If you choose to pre-order a product, we may place a hold on your credit card at the time of pre-order. We will not charge your credit card, however, until the date the product is available for download or we ship your product. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. If we make a pre-order option available for an item before the official price is known, we will provide an "estimated price," but do not guarantee that the estimated price will match the official price when announced. In such instances, you will be charged the official price rather than the estimated price for the item. You may cancel your pre-order at any time before the product is shipped or available for download by calling our customer support number located on our Contact Us page. Once your pre-order is shipped or available for download, our normal return policies apply.

    Prices shown on the Website exclude all sales, use and other taxes or charges ("Taxes") that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review all of the Taxes and delivery costs that apply to your purchase before you confirm your purchase. Each item in your Shopping Cart is shown at the current item price. The Shopping Cart price reflects both price increases and price decreases from the time you first placed the item in your cart.

    Microsoft Store offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons.

  14. RETURN POLICY

    Microsoft Store accepts returns for eligible items that meet our return criteria for thirty (30) days from the date of purchase shown on your Order Confirmation. As a condition of return, the products must be returned unopened and unaltered from their original state, must not show wear or damage, and must be in a condition that permits us to resell them. For the return of ESD products, we may also require you to sign an electronic letter of destruction as a condition of return. We may occasionally extend the thirty (30) day return period during holiday or other periods. If a longer return period is advertised on our Website, the advertised return period will control over the normal thirty (30) day period.

    When you purchase a service or ESD product from us, you agree that we may begin to provide the service or ESD product immediately and that you will not be entitled to a cancellation or "cooling off" period for those products, except if the law requires a cooling off period despite your waiver and even when our service starts immediately or your ESD product is provided right away. For services and ESD products, our normal return policy will apply despite your waiver of any "cooling off" period.

    All permitted returns and exchanges must be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original packaging to qualify for a return. Failure to include such items may prevent or delay your refund or exchange or result in additional fees. When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges, to the original method of payment. Microsoft reserves the right to deny any return or exchange if it fails to meet our return criteria.

    Exceptions:

    • ALL SALES ARE FINAL for random access memory ("RAM"), boxed non-Microsoft software, and Xbox 360 games. In the case of a manufacturer defect, you must notify us within thirty (30) days of purchase. In that case, the item will be replaced with the same product or, if that item is no longer available, a merchandise credit will be issued within thirty (30) days.
    • ALL SALES ARE FINAL for items marked with a designation such as "Final Sale" or "Non-Returnable."
    • Items ordered from the Microsoft Store Website cannot be returned to or exchanged at Microsoft Retail Store retail locations. Similarly, items purchased at a Microsoft Store retail location cannot be returned or exchanged at the Microsoft Store Website.
    • For pre-order items, the thirty (30) day return period begins:
      • For ESD products, when the downloadable product is delivered electronically to your account.
      • For other products, when the product is shipped.
    • Upgrade Option and Returns. If you purchased an otherwise returnable item with an Upgrade Option, returns will be honoured for thirty (30) days from the date of purchase, and special return procedures apply as follows:
      • If you return the item before the upgrade product is released, you will not receive the upgrade product.
      • If you return the item after the upgrade product is released, you must return both the item and upgrade product together.
    • If a computer is sold together with a Product Key Card, the Product Key Card must be returned if the computer is returned.
    • When we offer promotions that enable you to save money by purchasing a combination of products together, all of the products purchased as part of the promotion must be returned in order to receive a refund. If your promotion included a service that you have already used, the full retail value of the service will be deducted from the amount of your refund.
    • Trial period offers. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring new charges. If you do not cancel the service and we have told you the service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the service.
  15. Please see our Website for information on how to return an eligible item that meets our return criteria.

  16. INTELLECTUAL PROPERTY

    Products offered for sale on the Microsoft Store Website are the intellectual property of Microsoft or its suppliers.

  17. TERMINATION OF SITE USE

    Microsoft may terminate your account or use of the Microsoft Store Website at any time and for any reason. By using the Microsoft Store, you agree to be responsible for any orders you make or charges you incur prior such termination. Microsoft may change, discontinue, or otherwise suspend the Microsoft Store at any time, for any reason, and without prior notice to you.

  18. DISCLAIMERS AND LIMITATION OF LIABILITY

    THE PRODUCTS SOLD ON MICROSOFT STORE ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF ANY LICENSE AGREEMENT OR MANUFACTURER WARRANTY THAT MAY ACCOMPANY THE PRODUCTS. MICROSOFT HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO THE PRODUCTS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    THE MICROSOFT STORE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY USING THE MICROSOFT STORE, YOU AGREE TO ASSUME ALL RELATED RISKS. NEITHER MICROSOFT NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE MICROSOFT STORE, INCLUDING WITHOUT LIMITATION THE ACCURACY OF THE CONTENT OR THAT YOUR USE OF THE MICROSOFT STORE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM AND IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE OPERATION, USE OR PERFORMANCE OF THE MICROSOFT STORE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE INFORMATION AVAILABLE FROM THE MICROSOFT STORE OR SERVICES. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DISCLAIMS ALL WARRANTIES AND CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, RELATED TO YOUR USE OF THE MICROSOFT STORE WEBSITE.

    This disclaimer does not include and is not intended to limit our liability to the extent we may be liable to you under law or pursuant to any statutory rights you may have.

  1. GENERAL LEGAL TERMS
    1. INTERPRETING THE CONTRACT

      All parts of this Contract apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence. If, in any jurisdiction, any provision of this Contract or its application to any party or circumstance is restricted, prohibited or enforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provisions of this Contract and without affecting the validity or enforceability of such provisions in any other jurisdiction or without affecting its application to other parties or circumstances. Where possible, any such provision shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. Other terms may apply if you purchase products or services from other Microsoft websites.

    2. ASSIGNMENT

      We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this contract or transfer any rights hereunder.

    3. NO THIRD PARTY BENEFICIARIES

      This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.

    4. CLAIMS

      Claims must be filed within one year. You must bring any claim related to this Contract within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If your claim isn’t filed in time, it is permanently barred.

    5. NOTICES AND COMMUNICATION

      Please see the Contact Us page on the Website for information about how to contact us for customer support inquiries. For disputes, please contact us at the address below. We do not accept email notices.

    6. GOVERNING LAW

      Washington law governs the interpretation of this Contract and applies to claims for breach of it regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, will be subject to the laws of the province/territory where you live at the time of your purchase of the relevant products or services.

맨 위로 이동