MICROSOFT TERMS OF SALE
Consumer Store European Economic Area
Updated February 2017
Welcome to Microsoft’s online and retail Stores operated by Microsoft Ireland Operations Limited (“Microsoft,” “We,” “Us,” “Our”), located at One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland.
“Store” refers to our online and retail venues that allow you to browse, view, acquire, purchase, and rate and review goods and services including devices, game consoles, digital content, applications, games, and more. These Terms of Sale (“Terms of Sale”) cover use of the Microsoft Store, Office Store, Xbox Store, Windows Store, and other Microsoft services that refer to these Terms of Sale (collectively “Store”). Through the Store, Microsoft provides access to a variety of resources, including download areas, software, tools, and information about software, services and other merchandise (collectively "Services" and together with Store, “Store").
We use the term “product” or “products” to refer to items offered in the Store. Many of the products offered in the Store are offered by entities other than Microsoft.
By using the Store, or by acquiring products and services from the Store, you accept and agree to these Terms of Sale, Microsoft's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies"). We encourage you to read the Store Policies carefully. YOU MAY NOT USE THE STORE OR SERVICES IF YOU DO NOT AGREE TO THE STORE POLICIES.
If we have a Microsoft Retail Store located in your country or region, it may have different or additional policies. Microsoft may update or amend any policies without notice at any time.
Terms Relating to Your Use of the Store
2. No Unlawful or Prohibited Use. As a condition of your use of the Store and Services, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any Microsoft server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including Microsoft. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.
3. Materials You Provide to Microsoft or Post in the Store. Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback, ratings, and suggestions) or post, upload, input or submit to the Store or associated Microsoft services for review by others (each a "Submission" and collectively "Submissions"). However, you grant Microsoft the right to use, modify, adapt, reproduce, distribute, and display your Submission (for example, for promotional purposes), including your name, worldwide. If you publish your Submission in areas of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to Microsoft, on a worldwide basis and for the duration of these rights.
No compensation will be paid with respect to the use of your Submission. Microsoft is under no obligation to post or use any Submission and Microsoft may remove any Submission at any time in its sole discretion. Microsoft is not responsible for your Submissions or the material others post, upload, input or submit using the Store.
If you rate or review an application in a Store, you may receive email from Microsoft which contains content from the publisher of the application.
4. Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
Terms Relating to the Sale of Products AND SERVICES to You
5. Geographic Availability. Product availability may vary depending on your region or device. In addition, there may be limits on where we can ship goods, or provide services or digital content, . To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.
6. End Users Only. You must be an end user to purchase products from the Store. Resellers are not eligible to purchase.
7. Export Limitations. Products acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
8. Billing. By providing Microsoft with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for any products, services or available content purchased using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the Store that you choose to sign up for or use. 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. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. See Section the Automatic Renewal Selection below.
If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.
9. Recurring Payments. When you purchase goods services or digital content on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Microsoft by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by Microsoft. By authorizing recurring payments, you are authorizing Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
10. Availability and Quantity and Order Limits. Prices and availability of goods, services and digital content in the Store are subject to change at any time and without notice. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the goods, services or digital content or services that you order are, or become following your order, unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative offered, we will cancel your order.
Microsoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for legitimate reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products, digital content or services are not available, or in the event of an obvious pricing error or other errors. In the event of such pricing or other errors, we reserve the right to either (a) cancel your order or purchase or (b) contact you with alternative options. In the event of cancellation, your access to any associated content will be disabled.
We may remove or disable games, applications, content, or services on your device in order to protect you, the Store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you had previously purchased. In such an event, you may need to re-purchase content or applications that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase.
11. Updates. If applicable, Microsoft will automatically check for and download updates to your applications, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store apps. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. Some other apps may not be accessible until you accept an update.
12. Software Licenses and Use Rights. Software and other digital content made available through the Stores are licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms (“SALT”) available at [https://go.microsoft.com/fwlink/p/?linkid=838610&clcid=0x0809], unless different license terms are provided with the application (applications downloaded from the Office Store are not governed by the SALT and have separate license terms). Software licenses purchased at the Microsoft Retail Store are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you purchase, download and/or install the software. In addition, software and other digital content made available through the Store are subject to the usage rules located at http://go.microsoft.com/fwlink/p/?LinkId=723143. Any reproduction or redistribution of software or merchandise not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.
PLEASE CONTACT THE MICROSOFT RETAIL STORE (AS DESCRIBED IN THE NOTICES AND COMMUNICATION SECTION BELOW) IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT FOR BOXED SOFTWARE, AT NO COST, BEFORE YOU OPEN ANY SOFTWARE PACKAGING.
FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE STORE OR SERVICES OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. MICROSOFT DOES NOT MAKE ANY ADDITIONAL ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM ANY SUCH TOOLS OR UTILITIES TO THOSE SET OUT IN THE PRODUCT WARRANTIES SECTION.
Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise.
13. Codes for Software and Content Downloads. Certain software and content are delivered to you by making a download link available in your Microsoft account associated with your purchase. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your Microsoft account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For subscription products that are delivered by providing a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.
You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may 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 Microsoft account.
14. Pricing. If we have a Microsoft Retail Store in your country or region, the prices, product selection and promotions offered there may be different from those on the online Store. Microsoft does not guarantee that a price, product or promotion offered online will also be available or honored at a Microsoft Retail Store or vice versa.
The Store does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items.
We may offer an option to pre-order some products before their availability date. To learn more about our pre-order policies, please see our Pre-Orders page https://go.microsoft.com/fwlink/p/?linkid=834935&clcid=0x0809.
Unless stated otherwise, prices shown in the Store include taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Store do not include delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page prior to finalising the order. You are solely responsible for paying such Taxes and costs.
Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
15. Automatic Renewal Selection. Provided that automatic renewals are allowed in your country, region, province, or state, you may choose for products or services to automatically renew at the end of a fixed service period. We will remind you by email before any product or service renews for a new term. Once we have reminded you that you elected to automatically renew your product or service, we may automatically renew the product or service at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the product or service as described below. We will also remind you that we will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the products or services. You must cancel before the renewal date to avoid being billed for the renewal.
16. Return Policy. This return policy is provided in addition to any legal guarantees or other statutory return rights that you may have under law (see Product Warranties section below). Subject to our return criteria, after purchasing an eligible product you may withdraw from the purchase contract and request a refund without giving a reason within thirty (30) calendar days. The withdrawal period will expire after thirty (30) calendar days from delivery.
If the applicable law of your country or region grants you a longer withdrawal period, that period will apply.
To exercise your right of withdrawal, you must inform us of your decision before the withdrawal period has expired. Please contact us at Sales and Support https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0809 to notify us of your decision and to initiate the return process. You may also use this withdrawal form https://go.microsoft.com/fwlink/?linkid=866214&clcid=0x809, but it is not obligatory.
If you exercise your right of withdrawal, we will refund the amount you paid for the products and their delivery to you (with the exception of the supplementary costs resulting rom your choice of a type of delivery other than the least expensive type of standard delivery offered by us). The refund must generally be made to the original method of payment. You must return the related products to us without undue delay (no later than 14 days from the date you initiate your return request)and at your expense.
As a condition of return, and to the extent permitted by law, the following requirements apply. All products must be returned with reasonable care having been taken (such as must not show wear or damage and must be in a condition that permits us to resell them). Packaged software and games must be returned with their seal intact.
We may extend the right of withdrawal period during holiday or other periods. If a longer period is advertised in the Store for a particular product, the advertised period will apply.
All returns should 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 manufacturer’s packaging. Subject to applicable law, the failure to include such items may prevent or delay your refund or exchange if it fails to meet our return criteria.
Some items are not eligible for return. Unless otherwise provided by a particular product offer, all purchases of these types of products are final and non-refundable and you will not have a right of withdrawal for these purchases:
- digital apps, games, in-app content and subscriptions, music, movies, TV shows, and associated content;
- service/subscription cards (e.g., Skype, Xbox Live, Groove Music Pass);
- digital gift cards that have been redeemed;
- products that have been personalized or customized; and
- services that have been performed or consumed.
For complete details on how to return eligible products, see our Returns and Refunds page https://go.microsoft.com/fwlink/p/?linkid=723276&clcid=0x0809.
17. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. Except for payment(s) made pursuant to the Return Policy section above, you are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.
18. Gift Cards. Gift cards for making purchases at physical Microsoft Store locations are governed by the Physical Microsoft Store Gift Card Terms and Conditions located at www.microsoft.com/store/physical-store-card-terms.
Redemption and use of other Microsoft gift cards are governed by the Microsoft Gift Card Terms and Conditions www.microsoft.com/cardterms.
19. Customer Service. For contact details for customer support inquiries, please see the Sales and Support page in the Store. If you live in Europe and are unable to resolve your issue through our customer support channels, you have the option to refer the issue to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. The Microsoft contact email to include as part of your submission is MSODR@microsoft.com. Please note that this email address is only intended for use with the EU’s ODR platform and is not a point of contact for general support or questions.
20. Recycling. Please see Recycling https://www.microsoft.com/en-gb/store/b/recycling for details of Microsoft’s policy for the return of waste, electric and electronic equipment (WEEE) in your jurisdiction.
21. Changing Terms. Microsoft may change 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 (or, for free apps and games, at the time you attempt to install the app or game) will govern your acquisition transaction and serve as the transaction contract between us. Before your next transaction, Microsoft may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you acquire something.
22. Authorized Use; Age Limitations. You acknowledge that you are authorised to place an order and to perform any other legal acts required of you under these Terms of Sale. Age limits may apply to your use of the Store, including purchases.
23. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the Microsoft Privacy Statement https://go.microsoft.com/fwlink/?LinkId=521839 as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how Microsoft uses your communications with others; postings or feedback submitted by you to Microsoft via the Store; and the files, photos, documents, audio, digital works, and videos that you upload, store or share on your devices or through the Store (“Your Content”).
24. Product Display and Colours. Microsoft attempts to display product colours and images accurately but we cannot guarantee that the colour you see on your device screen or monitor will exactly match the product’s colour.
25. Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.
26. Termination of Use or Access. Microsoft may terminate your account or use of the Store at any time for any legitimate reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by Microsoft. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. Microsoft may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you. If such a change, discontinuance or suspension impacts your use of the Service or product, or otherwise disrupts your order, please contact Sales and Support.
27. Product Warranties. Many products available in the Store (including certain Microsoft products and certain third party products) come with manufacturer warranties. Please see the relevant manufacturer warranties made available with those products for specific details for how to resolve issues that are covered by those warranties. For some products, you will have the option to purchase an Extended Service Plan at an additional cost. Please see the specific plans for details.
In addition, products sold or offered through the Store (including goods, services and digital content) may come with rights and guarantees that cannot be disclaimed under law, such as statutory consumer protection relating to faulty, damaged or misdescribed goods, digital content or services. Any commercial warranties offered by a manufacturer, service provider or developer are in addition to these mandatory consumer rights. Learn more about Commercial Warranties & Statutory Rights https://www.microsoft.com/en-gb/store/b/aboutwarranties.
MICROSOFT AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO ADDITIONAL WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT UNDER THESE TERMS OF SALE.
MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. MICROSOFT DOES NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WILL NOT OCCUR.
28. Limitation of Liability. Nothing in this limitation of liability shall exclude or limit any mandatory consumer protections that are available to you in your territory or any other liability which cannot be excluded by law. The same shall apply to liability of Microsoft, its vicarious agents and/or its legal representatives in the event of fraud or their negligence resulting in personal injury or death.
a. Microsoft, its vicarious agents and/or its legal representatives shall not be liable for any indirect damage, including financial loss, such as loss of profit, unless Microsoft, its vicarious agents and/or its legal representative have at least acted with negligence or willful misconduct.
b. Microsoft shall not be liable for your Submissions, content, or material, or activities provided by users. Such content and activities are neither attributable to Microsoft nor do they represent Microsoft’s opinion.
c. Many of the applications, services and other digital content offered in the Store are offered to you by entities other than Microsoft (“Third Party Content”). Other than any mandatory consumer protections that you are entitled to by law in your country or territory, Microsoft is not responsible for Third Party Content or claims related thereto. See Product Warranties section above.
d. Microsoft is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond Microsoft’s reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). Microsoft will endeavor to minimize the effects of any of these events and to perform the obligations that aren’t affected.
29. Assignment. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.
30. Choice of Law and Place to Resolve Disputes. If you live (or, if you are a business, your principal place of business) in Europe, the laws of Washington State, U.S.A. govern all claims related to cost-free Services and cost-free acquisitions from the Store, without prejudice to the mandatory law provisions which apply in the country where you have your habitual residence. The laws of the country where you have your habitual residence govern all claims relating to paid purchases from the Stores and paid Services. With respect to jurisdiction, you and Microsoft agree to choose the courts of the country where you have your habitual residence for all disputes arising out of or relating to these Terms of Sale, or in the alternative, you may choose the responsible court in Washington, U.S.A.
a. Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement (https://www.microsoft.com/info/cpyrtInfrg.aspx). ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringementIn appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.
b. Copyright and Trademark Notices. All contents of the Store and Services are Copyright ©2016 Microsoft Corporation and/or its suppliers and third party providers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers and other third party providers own the title, copyright, and other intellectual property rights in the Store, Services and content. Microsoft and the names, logos, and icons of all Microsoft products and services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries.
A list of Microsoft trademarks can be found at: https://www.microsoft.com/trademarks. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms of Sale are reserved.
32. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.