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TERMS OF SALE

Dated January 2014

By purchasing products and services from the Microsoft Store on eBay (the "Website" and/or the "Microsoft Store on eBay"), 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 Microsoft Store on eBay or referenced herein and accessible through the related hyperlinks (collectively the "Microsoft Store on eBay Policies"). When you purchase products from this Website you are contracting with Microsoft Corporation, located at One Microsoft Way, Redmond, WA 98052, USA (together, "Microsoft," "We," "Us," "Our"). The Microsoft Store on eBay Policies are in addition to all terms and conditions applicable to customers on the eBay website, including without limitation, the eBay Privacy Policy and eBay User Agreement (the "eBay Policies").

We encourage you to read the Microsoft Store on eBay Policies carefully. YOU MAY NOT USE THE MICROSOFT STORE ON EBAY IF YOU DO NOT AGREE TO THE MICROSOFT STORE ON EBAY POLICIES AND/OR THE EBAY POLICIES.

1. GEOGRAPHIC AVAILABILITY

The Microsoft Store on eBay is intended for use by customers who reside in United States and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that country or region.

2. 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 on eBay. 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.

3. 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 on the quantities that may be purchased per order, per account, per credit card, per person, or per household.

Microsoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for 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 or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.

Credits or refunds will be made to the same method of payment and account used to place the order.

4. OTHER TERMS AND CONDITIONS

Products and services available for purchase or trial on the Microsoft Store on eBay 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 also accept those terms as a condition of purchase, installation or use.

5. PRICE AND PAYMENT

The Microsoft Store on eBay accepts PayPal only. You may pay with a PayPal account or by using a credit card within PayPal.

Prices at the Microsoft Store on eBay will be as stated on the Website. 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 Microsoft Store on eBay. 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 Microsoft Store on eBay does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items.

Pricing is for individual consumers. If you want to purchase for a commercial, educational or government organization, please ask for information about Microsoft's volume licensing programs.

Prices shown on the Microsoft Store on eBay exclude all 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 the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.

6. RETURN POLICY

The Microsoft Store on eBay return policy is in addition to any statutory return rights you may have under law. Microsoft Store on eBay will accept returns for items that meet the return criteria set forth below for 30 days from the date of purchase or download, as applicable. Exceptions are stated below. We may deny any return or exchange if it fails to meet our return criteria.

RETURN PROCESS:

To return a product eligible for return or exchange under our return policy:

  1. Please visit "My eBay" to initiate the return process and retrieve your return shipping label no later than thirty (30) days after the date of purchase.
  2. We will examine the items when received and, if they are eligible for return or exchange under our return policy, Microsoft Store on eBay will arrange for an exchange or issue a credit to the same form of payment you used to purchase the item and send you a return receipt e-mail.

RETURN CRITERIA:

To qualify, all returns and exchanges must be accompanied by the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original manufacturer packaging. Failure to include such items may prevent or delay your refund or exchange. Refunds will be made in the same method as payment. When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges, if any, and will process your refund within approximately one week from receipt of your return shipment.

EXCEPTIONS:

  • Microsoft Store on eBay will not accept the following items for return: (i) items that have been personalized or customized, (ii) special order items, if not part of a Microsoft Store on eBay promotional retail sales offering, and (iii) items that have been used, altered or that show wear or damage. Items must be in a condition that permits us to resell them.
  • For games and software, you may only return opened items during the return period if: (i) you don't agree with the license agreement, or (ii) the media does not work, and (iii) only if you do not make or retain any copies. Opened software and games may only be exchanged for the same product.
  • ALL SALES ARE FINAL for clearance items or those marked with a designation such as "Final Sale" or "Non-Returnable."

ADDITIONAL CONDITIONS:

    • Online returns only. Items ordered from the Microsoft Store on eBay can only be returned or exchanged through eBay. (Go to My eBay > Purchase history.)
    • Promotions. When we offer promotions that save you money by offering a combination of products and/or services together, all included products and/or services must be returned together. If your promotion included a service that you have already begun to use, the full retail value of the service will be deducted from the amount of your refund.

    7. CUSTOMER SERVICE

    Please contact us via eBay messaging (My eBay > Purchase history > Contact seller) and we will do our best to assist you.

    8. CHANGING TERMS

    Microsoft may change the Microsoft Store on eBay Policies 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. Before your next purchase, Microsoft may have changed the Microsoft Store on eBay Policies, including the Terms of Sale, without notice to you. Please be sure to review the current Microsoft Store on eBay Policies each time you visit the Microsoft Store on eBay. We recommend that you save or print a copy of the Terms of Sale for future reference when you make a purchase.

    9. LIMITATIONS ON USE BY MINORS

    You must have reached the age of majority in your country or region of residence to purchase products from the Microsoft Store on eBay.

    10. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

    Your privacy is important to us. Personal Information submitted to Microsoft Store on eBay via the placement of an order or the submission of an inquiry is subject to Microsoft's privacy policy available at http://www.microsoftstore.com/store/msusa/en_US/DisplayPrivacyPage/. Note that the orders placed through the Microsoft Store on eBay are fulfilled and managed by another company on behalf of Microsoft. We will only provide that company the personal information they need to deliver the services. They are required to maintain the confidentiality of the information and are prohibited from using that information for any other purpose.

    11. NO WARRANTIES

    MICROSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE MICROSOFT STORE ON EBAY. THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER'S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION INCLUDED IN THIS WEBSITE AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

    YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE MICROSOFT STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.

    12. LIMITATION OF LIABILITY

    If, despite the other sections of this Contract, Microsoft is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the Microsoft Store on eBay, or any product or service offered, you agree that your exclusive remedy is to recover from Microsoft or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price or fee for one month of any service, subscription or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription or similar fee.

    YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE MICROSOFT STORE ON EBAY, THIS CONTRACT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE MICROSOFT STORE OR SERVICES, DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION, UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUE OR REGULATION, OR UNJUST ENRICHMENT.

    13. LINKS TO THIRD-PARTY WEBSITES

    The Microsoft Store on eBay may include links to third-party websites that let you leave the Website. 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, or any changes or updates to such sites. 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.

    14. 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 it is determined that we can't enforce a part of this Contract as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Contract won't change. Other terms may apply if you purchase products or services from other Microsoft websites.

    15. 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 under it.

    16. 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.

    17. GOVERNING LAW  

    The laws of the state or province where you live govern the interpretation of this Contract, claims for breach of it, and all other claims (including claims for breach of contract, breach of warranty, consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. If you live in the United States, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to the Microsoft Store on eBay, this Contract, or any product or service offered, that are heard in court (not arbitration and not small claims court). "State" means a State, the District of Columbia, and any other United States territory or possession. "The United States of America" includes all of them.

    18. COPYRIGHT AND TRADEMARKS

    Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement at: http://www.microsoft.com/info/cpyrtInfrg.htm. INQUIRIES THAT ARE SUBMITTED BUT ARE NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE. All contents of the Microsoft on eBay Store are Copyright © 2014 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. 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. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this Contract are reserved.