Please read this document carefully. By using our website, and placing an order for products from our website, you agree to be bound by these terms. We may update these terms from time to time, and you must continually agree to these terms as you continue to use our website.
In these terms, “we” means Focus Multimedia Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Your Account
You may use our website only if you have reached the age of 18, or if you are 13 years of age or older and this agreement is entered into on your behalf by a person of majority who is capable of entering into such agreements and making them binding upon you ("Guardian"). In the second case, your Guardian agrees to be bound by, and must ensure that you comply with, these terms and conditions.
If a third party uses your account on your behalf, both you and the third party agree to these terms by using our System. Instructions and changes to your account are final.
(4) Online Conduct
You are responsible for the use of your Account and the submissions/contributions to our website that come from your Account. Your conduct and interaction with other Account holders should be guided by common sense, morals and etiquette, you must not:
Please contact us if you feel you need to complain or report abuse. Please change your password immediately if you feel your account has been made available to a third party.
(5) Order Process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the product(s) you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you may create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must confirm your order and your consent to these terms of sale; (iv) you will be transferred to the Paypal website and PayPal will handle your payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order before you click on the “Place Order” button. You may correct those input errors before placing your order by clicking on “Change” at the Secure Checkout page and re-entering your details.
(6) Our Products
Our product range consists of PC games, which can only be downloaded digitally. Bundle Stars does not sell any games on CD-ROM or DVD-ROM discs. Where applicable, customers will be supplied with one serial key per game, allowing you to unlock and play that game on your PC. Please check that your PC meets the minimum System Requirements displayed on each product page before ordering that product.
All software products which are downloaded via our website are subject to licence terms included with the individual software. By downloading and using the software, you agree to its licence terms.
(7) Prices and Payment
Prices for products are quoted on our website. While we do our best to ensure accuracy, it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
The prices on the website include all value added taxes (where applicable).
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
All payments are made in British Pounds. Approximate conversions into other currencies may be displayed for guideline purposes only.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by any method detailed on the website from time to time.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP 30 including VAT; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
(8) Your Warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(9) Digital Delivery Policy
All Bundle Stars products can only be downloaded digitally. We will arrange for the product serial keys to be delivered to the email address indicated in your order. Immediately after a successful purchase, your serial keys can also be viewed on bundlestars.com by logging in and selecting “My Account”.
(10) Risk and Ownership
Ownership of the products will only pass to you upon the later of:
(a) digital delivery of the product serial keys; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
Under the Distance Selling Regulations, you do not have any right to a “cooling off” period and as such may not cancel your contract within 7 days, insofar as a contract relates to the supply of digitally downloadable products which constitute audio or video recordings or computer software, where access to the product(s) has been granted to you instantly upon payment.
All our products have been thoroughly tested and virus-checked before going on sale. Please check that your PC meets the minimum System Requirements displayed on each product page before ordering that product.
(12) Statutory Rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(13) General Terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 13: these terms contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(15) Third Party Websites
Our website includes hyperlinks to other websites owned and operated by third parties. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
All content, graphics, and other intellectual property and elements incorporated into our website are our property and the property of our partners. This property is protected by international copyright, trademark and other laws.
Our website and its content may not be copied, reproduced, changed, disassembled, decompiled or distributed in any way without our written consent.
(a) Focus Multimedia Limited, Bundle Stars and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
(b) The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
If you submit any “Content” of any type, including forum posts, commentary, ideas or suggestions whether or not solicited you agree to grant us a licence to use, modify and delete such content for whatever purposes we see as fit, without your express permission, and no royalties will be paid.
You must ensure that you are the owner or creator of such content or have received permission from the owner or creator to submit it to us.
Access and use of our website is at your own risk.
To the extent permitted by law the website is provided on an "as is" and "as available" basis. No representations, warranties or conditions of any kind are provided with our website, even if they may be implied in other areas of our website.
We do not guarantee error-free, virus-free or secure operation and access to our website. We encourage all purchases to be downloaded and backed up immediately by you. We do not give any guarantee that your purchases will be available for download permanently.
(20) Liability Exclusions
We and our providers will never be liable to you or any other person for indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the System or these conditions of use, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by us or any person for whom we are responsible, and even if we have been advised of the possibility of such loss or damage being incurred.
(21) Warranty Exclusions and Limitations
To the extent permitted by law we exclude all implied warranties in relation to the supply of any goods or services through the website.
To the extent permitted by law, we limit our liability for the breach of any warranty to, at our option, a refund, the resupply of the relevant good or service, or the payment of the cost of the resupply of the good or service.
Subject to our obligations in relation to a breach of such a warranty, to the extent permitted by law our total aggregate liability for all loss or damage arising out of this agreement or the relationship contemplated by it is limited to the total amount of all fees received from you to us in the first twelve months following the commencement of this agreement.
(22) Term & Termination
Both you, and us, have the right to terminate or cancel your user account at any time. You may request your account be terminated by contacting us. We may remove your account if it receives a request in relation to it, and that request complies with all verification processes that we have in place. In the event that your account is terminated or cancelled by us for a violation of these terms or improper or illegal activity, no refund, including any fees, will be granted.
(23) About Us
The full name of our company is Focus Multimedia Limited. We are registered in England & Wales under registration number 2408658.
Our VAT number is GB 661 4081 52.
Our registered address is The Studios, Lea Hall Enterprise Park, Wheelhouse Road, Rugeley, Staffordshire, WS15 1LH, United Kingdom.
We are registered with UKIE (The Association for UK Interactive Entertainment). You can find the online version of the register at http://ukie.info/member-list
You can contact us by emailing firstname.lastname@example.org.
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