Introduction
These GCS regulate the purchase, by electronic means or by telephone, of the products presented on the website www.Macrosoft.store.it (also read "Site"), e-mail address support@macrosoft-support.eu (read also "E-mail address" or "E-mail box"), telephone +39 3274538210 (read also "Telephone" or "Telephone number"), managed by MACROSOFT STORE S.R.L (read also MACROSOFT), with registered office at Episcop Augustin Pacha, b. 10, 300055, Timisoara, Timis, Romania.
These GCS are an integral and essential part of the purchase contract for any Product and placing an Order (as defined in Section 1.2). The purchase on the Site implies the acceptance by the Customer.
By "Products", as better detailed in point 1.2 of these GCS, we mean all the Products which, according to what is indicated in the relative detail page of the Site, are offered for sale by MACROSOFT itself.
It should be noted that the provisions of the GCS referring to Consumers (as defined below) will be applied exclusively to subjects that fall within the relevant definition. Consumers will benefit, in particular, from all the protections provided in the event of the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), as well as all the additional protections mandatorily provided, in favor of Consumers, by the Consumer Code itself and by any other applicable law.
MACROSOFT customer service is available for information, complaints and disputes at the addresses indicated in the Introduction of this document, available from Monday to Friday from 08 to 17.
MACROSOFT makes itself available - also by telephone - to offer Customers (as defined below) any clarification or information - regardless of the type of Product concerned - regarding the content of the GCS, the Contract (as defined in Section 1.2 below) and the related regulations, as well as in relation to any complaint. If the customer decides not to use the telephone service, all rights and faculties recognized to the customer by law remain in any case without prejudice to and without prejudice to the customer. As for the saving and printing of the GCS and the possibility of viewing the text of the Contract, please refer to Section 2 of these GCS.
The right of withdrawal in favor of consumers is governed by the detached section which can be consulted directly from the "Home page" of the Site.
1. Scope of. Definitions
1.1 This document applies to all Orders relating to the purchase of Products and forwarded to MACROSOFT through the Site or by contacting the telephone number +39 3274538210.
1.2. The following definitions apply within these GCS:
"Consumer": any natural person who places an Order for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
"Professional": any natural or legal person who places an Order in the exercise of their business, commercial, craft or professional activity;
"Customer": depending on the case, a Consumer or a Professional;
"Contract": any agreement between MACROSOFT and a Customer regarding the purchase by the latter of one or more Products, concluded, depending on the means used, according to the procedures set out in Section 3.3 or Section 3.4;
“Business day”: any day of the week, except Saturdays, Sundays and German public holidays in the state of North Rhine-Westphalia;
"Order": any proposal regarding the purchase of one or more Products, made by the Customer towards MACROSOFT, alternatively, depending on the medium used, according to the procedures set out in Section 3.3 or Section 3.4
"Product": each MACROSOFT product of an IT type, such as licenses in the form of alphanumeric product keys (Product key), can be used for the first time or discontinued and no longer used, in accordance with Sentence C-128 / 11 of the EC Court of Justice Section Un. 03/07/2012. In terms of use, operation and legal validity, there is no disparity between first use or discontinued and no longer used licenses. MACROSOFT Products do not have limitations of any kind and kind nor additional conditions other than those imposed by the software manufacturer, except for any cases explicitly detailed in the virtual showcase of the site where the purchase is made.
"Product intact": any MACROSOFT Product which, in the final analysis, is of an IT type, such as licenses in the form of alphanumeric Product keys, is understood to be "intact" if it has not been in any mode and channel: used and / or registered and / or activated and / or sold to third parties, even if only by showing the alpha-numeric content. It should be noted that, due to the very nature of the good, it can be considered used from the moment it is sent to the Consumer. MACROSOFT reserves the right to verify the integrity of the Product where this is essential to accept requests from the Customer, for example: Complaints, Right of withdrawal, Refunds, Warranty validity, Requests for assistance. The Customer, by purchasing MACROSOFT products, expresses his consent to any verification of the integrity of the Product subject to any requests, allowing MACROSOFT personnel the necessary operations for this purpose, not excluding the remote connection to the device where the Product appears to be installed and for any operation strictly necessary for verification. The verification times are not quantifiable, however MACROSOFT undertakes to carry out them as soon as technically possible.
2. Download and consultation of the terms and conditions of the Agreement
2.1. The Customer may keep a copy of these GCS, as well as all the documents that make up the Contract relating to the Products purchased on the Site, using the normal functions of their browser (eg: "File" -> "Save as") .
2.2. The data of each Order will be saved by MACROSOFT on its systems. In order to preserve the confidentiality of such information, access to them by the Customer will be allowed only after prior authentication in the reserved area of the Site called "My account", by entering specific credentials access by the Customer that will be attributed to him at the time of registration on the Site itself. In this reserved area, by entering their credentials, the Customer can consult the contracts already concluded, the pending orders and those just forwarded, as well as update and save their contact details, any bank details and / or data relating to the subscription of the newsletter service. The Customer undertakes to treat his credentials for access to the aforementioned reserved area of the Site as confidential and not to make them available to third parties.
3. Conclusion of the Agreement
3.1. Any Contract relating to the purchase of Products entered into will be stipulated exclusively in Italian.
3.2. The presentation of the Products on the Site constitutes an invitation addressed to the users of the Site to formulate, towards MACROSOFT, a purchase proposal. These invitations to offer are not binding on MACROSOFT and, in particular, do not constitute offers to the public pursuant to and for the purposes of art. 1336 of the Italian Civil Code, remaining, in the full discretion of MACROSOFT, any decision regarding the acceptance of any proposals made.
3.3 Conclusion of the contract via the internet
3.3.1 To proceed with the purchase of one or more Products via the Internet, the Customer must first register on the Site, providing MACROSOFT, in compliance with the applicable provisions on the protection of personal data, all the necessary data to allow MACROSOFT itself to execute the Orders forwarded.
3.3.2 Once the registration is complete, the Customer can select one or more Products he intends to purchase, inserting them in a virtual "cart", of which he can always view the contents before proceeding with the forwarding of the 'Order.
3.3.3 By clicking on the “Proceed to checkout” button, the Customer will start the order forwarding procedure. In the formulation phase of the Order and until its actual forwarding, the Customer will have, however, the possibility to review the data entered by clicking on the "Back" button, so as to identify and correct any incorrect information.
3.3.4 By clicking on the "Complete the Order" button, at the end of the procedure initiated pursuant to section 3.3.3 above, the Customer will forward the Order to MACROSOFT Each Order forwarded according to these methods must to be understood, for all purposes, as a contractual proposal by the Customer. Upon forwarding of the Order by the Customer, MACROSOFT will promptly confirm the receipt of the Order by sending an e-mail to the e-mail account communicated by the Customer.
3.3.5. MACROSOFT will have the right to accept or not the Orders received without, in the event of non-acceptance, the Customer being able to advance any rights or claims against MACROSOFT for any reason. The Order will be considered, in any case, accepted and consequently the Contract concluded at the moment in which the Customer will receive, on his e-mail address, the Order Confirmation Email, containing confirmation of the acceptance of the Order and / or information purchased.
3.4 Customer Support
3.4.1. MACROSOFT will provide free information relating to the products sold by you so that customers are fully informed about their purchase, as required by law. MACROSOFT reserves the right to keep secret all information that could damage it directly or indirectly without however failing to inform the customer, as required by current legislation.
3.4.2. MACROSOFT will provide online information material for the installation of the products sold. This material will be obtainable directly from the "Home page" of the Site. The information provided to the customer cannot constitute an element of compensation in the event of inaccuracies or inaccuracies.
3.4.3 MACROSOFT will provide assistance before, during and after the sale, limited to the products sold by you and their installation and / or activation and / or registration, where necessary. MACROSOFT will not provide training or technical instruction beyond the installation and activation and / or registration, with the manufacturer, of the product sold.
3.4.4. MACROSOFT will provide assistance through the channels indicated on the Site. Should remote connection be necessary, the customer, allowing remote access, will implicitly express authorization to use the computer and the materials present in the computer on which the intervention is carried out, limited to the technical needs to be satisfied for the full success of the intervention.
3.5. MACROSOFT is not responsible in any way for any software and / or other tools required for carrying out the technical intervention, nor for their inappropriate use. MACROSOFT is not responsible in any way for the loss of any type of document from the computer under intervention, nor for the unwanted installation by MACROSOFT personnel, such as viruses, malwares or worms.
4. Price and shipping costs
The prices of the Products published on the homepage or in the different sections of the Site are VAT excluded and do not include any taxes, duties and taxes applicable in the country of destination of the Products, where this is different from Italy, which will be charged to the Customer .
MACROSOFT reserves the right to modify at any time the prices of MACROSOFT Products that are shown on the Site. Any changes to the prices of MACROSOFT Products will not, however, be effective towards Customers who have already forwarded a Order.
MACROSOFT ships its products in the form of information in electronic text, according to the methods and costs specified on the site.
5. Payment and delivery
5.1. Customer will pay the full price of the Products ordered, at the same time as placing the Order. It is understood that, in case of non-acceptance of the Order, MACROSOFT will promptly reimburse the Customers any amounts already paid.
As part of the Order forwarding process, MACROSOFT may offer, at the latter's complete discretion, various payment methods, such as, by way of example, payment by credit card (Visa, MasterCard, American Express), payment via the secure "Paypal" system, payment by prepaid card (eg "Postepay") and payment by bank transfer. The Customer will be required to indicate the payment method, among those proposed by MACROSOFT, which he intends to use. The Customer who intends to pay by bank transfer agrees to wait for MACROSOFT to receive "Confirmation of receipt" from his bank, waiting for the time due to the interbank transaction plus any holidays Italy-Germany.
5.2. Invoices will be issued exclusively in electronic format.
5.3. MACROSOFT will not be responsible for failure or delay in delivery due to force majeure, such as, by way of example, natural events not independent of MACROSOFT that affect the regular performance of IT work, inefficiencies of the telematic network, strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, floods and damage to industrial and / or IT machinery not dependent on MACROSOFT. MACROSOFT will promptly notify the Customer, within the limits of technical feasibility, of the occurrence and the disappearance of a force majeure event. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the contract. In the event of withdrawal pursuant to this Section 5.3, the Customer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to the refund of any amount already paid as a price for the MACROSOFT Product object of the Order, within 14 days from the dispatch of the Order itself.
6. Warranty and complaint handling
6.1. The provisions of the law on warranty apply to purchases made by Consumers, including, if applicable, the rules provided for by the Consumer Code regarding guarantees towards Consumers.
6.2. Where defects and / or defects in the Products purchased under these GCS are found, including the sending of an incorrect product, the Consumer may contact, under penalty of forfeiture within 14 days of delivery, MACROSOFT, according to the methods indicated in the present GCS and request the re-sending of the Product or its refund. The choice between resending or refunding will remain available to the Consumer, unless the chosen remedy is objectively impossible or excessively burdensome compared to the other.
6.3 MACROSOFT will, as appropriate, carry out the re-sending or refund requests within a reasonable period from receipt of the consumer's request. MACROSOFT invites the Customer to describe in as much detail as possible the nature of the defect or defect found and possibly to send a copy of the Order documents or indicate the Order number, the Consumer's registration number or name and any other useful data. the correct identification of the complaint. If no response is received from the Consumer within 5 working days, MACROSOFT invites the Consumer to request a response from now on. MACROSOFT also recommends verifying that the e-mails it sends are not re-addressed or blocked by any 'spam filters' or that they do not reach their destination correctly due to other technical problems of the recipient Customer's e-mail program.
6.4 Regarding the license keys (Product Key) sold by MACROSOFT, the same deems written complaints and sent by e-mail admissible, for all and only MACROSOFT products still "intact", as defined in point 1.2 of the section A. However, MACROSOFT reserves the right to accept any type of complaint, without being obliged to do so, even through other channels.
6.5 It is expressly understood that the previous Section 4. does not apply in the event of defects found in Products purchased from Professionals, with respect to which MACROSOFT, without prejudice to the mandatory limits of the law, does not issue any guarantee.
6.6 In case of unavailability of the license key purchased for a specific product, MACROSOFT reserves the right to replace the license key without notice with a higher range one, which respects the same system compatibility and has the same functions or higher. MACROSOFT undertakes to cancel to the customer any price differences on the date of the order between the license ordered and the one delivered.
6.7 For any request, MACROSOFT invites, in any case, the Customer to contact Customer Service, which can be contacted as follows:
MACROSOFT STORE S.R.L
via Episcop Augustin Pacha, n. 10, Timisoara, Timis
Tel: +39 3274538210
E-Mail: support@macrosoft-support.eu
Internet: www.macrosoft.store.it
7.Data protection
7.1 MACROSOFT reserves the right to keep the data of each Order as well as the contact details of the Customer for the sole purpose of using them for the correct execution of the Order (also through transmission to the commercial partners involved in the management of the payment, in the execution of the Order and / or in the shipment of the item), of any complaints regarding the warranty of the item and / or recommendations or instructions to the Customer relating to the item. The storage and processing of data will take place in accordance with the content of the information regarding the protection and use of personal data by MACROSOFT ("privacy policy").
Without prejudice to the foregoing, any use of the Customer's personal data will be subject to the provisions contained in the aforementioned "privacy policy".
7.2 Web Analysis with Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (Google). Google Analytics uses cookies, text files stored on your computer to allow the analysis of the use of the website by the user. The information generated by the cookies on the use of the website is usually transmitted to a Google server in the United States and stored. In case of activation of "anonymous IP" on this site, however, your IP address is already truncated by Google within the member states of the European Union or in other states, which are party to the agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there. On behalf of the owner of this website, Google will use this information to evaluate the use of the website itself, compile reports on website activity and provide the owner with services related to the website and the use of the Internet. The IP address sent by the browser as part of Google Analytics is not merged with other Google data. It is possible to prevent the storage of cookies by appropriately setting the browser software; In this case, however, please note that you may not be able to fully use all the functions offered by this site. Furthermore, it is possible to prevent the data generated with cookies and relating to the use of the website (including your IP address) from being collected and processed by Google, by downloading and installing a browser plug-in from the following link: https: // tools.google.com/dlpage/gaoptout
The Site uses Google Analytics with the extension "anonymizeIP ()", IP addresses are truncated before they are used in order to exclude direct associations to people.
8. Modification of the General Conditions of Sale and attached documents
On the occasion of any modification to these GCS and attachments (Privacy Policy, Right of Withdrawal Information, Legal Notes), MACROSOFT will promptly publish the GCS and modified attachments on the Site.
The modified GCS and annexes will become an integral part of the new Contracts, starting from the first Order forwarded by the Customers, following their publication on the Site. In the case of Orders already forwarded before such communication, the previous version of the CGV.
9. Substitution clause
If a present or future provision of the GCS and attachments (Privacy Policy, Right of Withdrawal Information, Legal Notes) and / or the contract should be or become totally or partially null and / or ineffective or there is a gap in the provisions of the GCS and annexes and / or of the contract, the remaining provisions of the GCS and annexes and of the contract will in any case remain valid and effective. It is understood that MACROSOFT and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the null and / or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the economic substance. of the contract.
10. Validity of Product Keys
Each Product Key MUST be activated within the next 30 days from the invoice date.
If you are unable to meet the first activation times, you can arrange the scheduled delivery with customer support, your order will not be processed automatically but we will respect the instructions you provide us by e-mail or WhatsApp.
Given the nature of the product, after-sales assistance will be provided only within 30 days following the invoice date, MACROSOFT STORE S.R.L is in no way responsible for the use that the customer makes of his Product Key.
11. Type of License
All our software licenses are used and discarded by the previous owner under the C.E. C-128/2011.
A Software is understood to be used when dismissed by a previous owner and re-marketed in accordance with the C.E. C-128/2011. Generally, these Software come from companies that have changed their systems or upgraded existing ones or that have purchased software in stock, later putting the surplus software back on the market. These products are as good as new, which makes their purchase worthwhile.
The Court of Justice of the European Union (CJEU) ruled on 3 July 2012 that the trade in used programs is legitimate and allowed even if it is software transferred online.
“in exchange for a payment, you stipulate with l’User a license agreement, through which the user himself obtains the perpetual right to use this copy, the copyright owner has sold the copy to the user and therefore exhausts his exclusive right of distribution."
This here is the link of Press Release 94/12 concerning the motivation of the sentence in dispute C-128/2011.
http: //curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094it.pdf
Purchased Product Keys can ONLY be used with genuine Software and NOT with counterfeit and / or Cracked Software.
Right of withdrawal
Below are the legally required instructions on the requirements and consequences of exercising the right of withdrawal.
Purchase Orders for MACROSOFT Products and Right of Withdrawal
1. Information about the seller
In the event that an Order concerns the purchase of a MACROSOFT Product, the contracting vendor party will be exclusively MACROSOFT.
For any clarification on what is meant by MACROSOFT Products or other conventions or information, please refer to the Introduction and other parts of the General Conditions of Sale (GCS).
2.Right of withdrawal
2.1 In compliance with the information duties referred to in art. 52, paragraph 1, lett. (f) and (g) of the Consumer Code, in Section 2.3 below are the terms and conditions governing the right of withdrawal in favor of the Consumer, as regulated by the same Consumer Code and by Legislative Decree. 21 February 2014, n. 21.
2.2 It is specified, in any case, that the right of withdrawal in favor of the Consumer does not apply to MACROSOFT Products that are "not intact", see definition in point 1.2 of section A.
2.3 Instructions and information for exercising the withdrawal and the cases provided for by the Consumer Code
2.3.1. Right of withdrawal
MACROSOFT, in accordance with art. 59 of Legislative Decree. 21 February 2014, n. 21 allows the application of the right of withdrawal, within the terms of 14 days from the moment in which he or a third party, other than any carrier designated by himself, acquires possession of the product or, at what time the purchase refers to products delivered via telematic channels, from the moment the product is sent by MACROSOFT to the Consumer.
The Consumer who wishes to ask MACROSOFT to apply the right of withdrawal must make a written request via email. MACROSOFT undertakes to consider all the reasons presented by the Customer as soon as possible, communicating the chosen decision and acting accordingly. MACROSOFT reserves the right to accept requests for withdrawal, without being obliged to do so, even through other channels.
In the request for withdrawal, the Consumer must indicate at least: the purchase order number for which they are requesting withdrawal, with the related reasons as detailed as possible and including data and images relating to any problem encountered. Furthermore, he / she must declare under his / her own responsibility: that he / she has completely uninstalled any product for which he / she is applying for the right of withdrawal and that he / she has canceled and / or destroyed any type of copy (even partial) showing the Product Keys of the purchased licenses. The Consumer must explicitly declare that he is aware of having to compensate MACROSOFT and / or subsequent Consumers who purchase the licenses in question for which he asks for the right of withdrawal, if they were damaged by the uncompleted uninstallation and / or destruction actions of the Product Keys in question.
To meet the withdrawal deadline, it is essential that the Customer sends the communication concerning the request to exercise the right of withdrawal before the expiry of the period provided for by the CGV.
2.3.2. Effects of withdrawal
When MACROSOFT agrees the right of withdrawal, in whole or in part from this contract, the Consumer will be reimbursed, in whole or in part, limited to the MACROSOFT Product object of the request or part of the request explicitly granted, including any costs of delivery (with the exception of additional costs deriving from the possible choice, by the Consumer, of a type of delivery other than the least expensive type offered by us), without undue delay and in any case no later than 14 days from the day on which MACROSOFT is informed of the decision to withdraw from this contract. These refunds will be made using the same payment method chosen by the Customer to carry out the initial transaction or other channel indicated by MACROSOFT; in any case, the Customer will not have to incur any costs as a consequence of this reimbursement. The reimbursement can be suspended until receipt of the goods or until the integrity check (see point 1.2 of the GCS) of the Product object in question has been carried out.
Information on Privacy and Data Processing
The text can be read at this address .