Terms & Conditions

CONDITIONS OF SALE

1. DEFINITIONS
In these Conditions, the following expressions shall have the following meanings:
“8mosphere” is the owner of the 8mosphere.com Online Store.
“You” any person or legal entity placing an order for goods from 8mosphere through this website, and “Your” shall be construed accordingly.
“Order” an order placed upon 8mosphere.com by You through the facility offered by this website.
“Goods” Either physical disc or software download.

2. GENERAL AND VARIATION
2.1 These terms and conditions shall govern any sale of goods by 8mosphere to the exclusion of any other terms and conditions including printed or published terms proposed by You in any of your documents or electronic transmissions.
2.2 Neither You nor Your Company shall be bound by any variation, waiver of, or addition to, these conditions except as agreed by both parties in writing and signed on their behalf by an authorized signatory.
2.3 No online order will be accepted until You have indicated acceptance of these Conditions of Sale as instructed on the website.

3. LAW
These terms and conditions shall be governed by German Law. The contract shall be deemed to have been made in Germany and the parties to the contract hereby submit to the jurisdiction of the German Courts.

4. THE GOODS
Before placing an order for 8mosphere Products You are deemed to have examined the product descriptions and information and satisfied yourself that the products are suitable for Your purposes.

5. LIABILITY
5.1 No liability whatsoever shall be incurred by 8mosphere in respect of any representations of any kind made by 8mosphere on its website or through its agents to You or your representatives before the contract was made.
5.2 The liability of 8mosphere in respect of any breach of any express terms or terms implied by statute or common law or any negligence shall be limited to the price of the goods supplied and shall not extend to loss of profit or other consequential losses except where personal injury or death has been caused to any party as a result of any such breach or negligence.

6. PRICE
6.1 Unless otherwise stated all prices published by 8mosphere on this website included Value Added Tax (or any other similar Government taxes imposed from time to time) which will be charged according to law and Your geographical location which will be established by IP address.
6.2 Prices for delivery will be quoted at checkout before You submit Your order. Delivery costs  will be calculated on-line and will be itemized at check out.

7. PAYMENT
Payment for all Goods ordered through this website shall be made by secure credit or debit card payment via Pay Pal, in accordance with details submitted by You at checkout. Any payment facility used by 8mosphere for this purpose is encrypted and secure.

8. RETURN / REFUND / CANCELLATION POLICY
Refunds are at 8mosphere’s discretion except in the event that delivery to a customer’s destination fails on 2 separate occasions. Refunds on the grounds of subjective unsuitability of the product, or due to malfunction of 3rd party host software or the user’s hardware will not be granted. Faulty media products must be returned to 8mosphere before a refund can be granted.If disc media is found to be faulty but the product has been downloaded from the customers account then only the difference in cost between disc and download will be refunded. Customers must contact us within 14 business days of purchase to make any refund claim. Any refund granted will be refunded to the original card or other method of payment used only. 8mosphere can be contacted by email: ‘shop (at) 8mosphere.com’

9. INTELLECTUAL PROPERTY INFRINGEMENTS
8mosphere gives no indemnity in respect of any actual or alleged infringements of patents, trade marks, trade names, registered designs or any other intellectual property right relating to the goods it supplies.

10. ASSIGNMENT
No contract between 8mosphere and You may be assigned.

11. CONDITIONS RELATING TO THE 8MOSPHERE.COM WEBSITE

11.1 Copyright in the Material contained on this website is owned by 8mosphere or its associates. 8mosphere has made every effort to gain copyright for all written & photographic material on the website. Any person who owns the copyright for material published on the website can contact us by by issuing a support ticket at our support service centre.
Unauthorized use of the Material including reproduction, storage, modification, distribution or publication without the prior written consent of  8mosphere.com or, where applicable, the respective copyright owner(s) is prohibited. Documents on the site may not be downloaded, altered or adapted for any purpose except for personal, non-commercial use.
11.2 8mosphere is not responsible for the contents or the reliability of linked third-party websites, either to or from this website, and does not necessarily endorse the views expressed within them.
11.3 If there is a conflict between these Terms and Conditions and/or specific terms of use appearing on this site relating to specific material then the latter shall prevail.
11.4 You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, restrict, or inhibit the use and enjoyment of this site by any third party. Such restriction and inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive material or disruption of normal flow of dialogue within this site.
11.5 8mosphere takes no responsibility accept liability for any damages, including, without limitation, indirect or consequential damages, loss of profits, or any damages whatsoever arising out of, or in connection with the use or loss of use of this site.
11.6 8mosphere gives no warranty that the functions contained in the material in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs
11.7 Any questions regarding the site should be issued by a Email to ‘support (at) 8mosphere.com’

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