Web Site Terms and Conditions of Use
What is ‘digital content?’
Digital content means data which is produced and supplied in digital form. This means you have rights in relation to anything you download or stream, including apps, software, ebooks, games or music. It can be something online you have paid for, something given to you for free with a paid-for item and any content supplied on a physical medium, such as a CD or DVD.
What if digital content is faulty?
Digital content must be:
- of satisfactory quality.
- fit for purpose; and
- as described by the seller
If your digital content does not meet these criteria and develops a fault, you have the right to have your digital product repaired or replaced.
Cancelling a digital download
Under the Consumer Contracts Regulations, digital downloads are neither goods nor services, meaning the law is a little different. If you want to download something within 14 days of buying it (what is known as the ‘cooling off’ period), you will have to give your consent to waive the 14-day cooling off period.
If you do not give your consent, the 14-day cooling off period still applies, however, you will not be able to download your digital content until this period has ended.
This is to stop you from changing your mind after you have downloaded the content.
Repair or replacement?
The retailer from whom you purchased the digital content has one opportunity to replace any goods or digital content that are faulty before you can claim a refund. You can choose whether you want the goods to be repaired or replaced, but the retailer can refuse if they can show that your choice is disproportionately expensive compared with the alternative.
You may be entitled to a partial refund in the following circumstances:
- The cost or repair/replacement is disproportionate to the value of the digital content.
- Repair/replacement is impossible.
- Repair/replacement would take unreasonably long.
- Repair has been unsuccessful.
If you don’t want a refund and still want your product repaired or replaced, you have the right to request that the retailer makes further attempts at repair/replacement.
The retailer must compensate you if any device or other digital content you own is damaged as a result of the faulty digital content you’ve downloaded. This only applies where that damage wouldn’t have occurred had ‘reasonable care and skill’ been exercised in the provision of the digital content (even if that content was provided for free).
If you’ve made a genuine mistake with a download purchase, contact the retailer to see if you can get a refund or exchange the download for one you want. It’s worth checking the retailer’s terms and conditions, as some retailers offer refunds or exchanges as a gesture of goodwill here; even if you’ve waived your right to cancel.
Typically any goods or services which are sold to consumers online, at a distance, or away from the trader’s premises, must allow for a minimum 14 day ‘cooling off’ period during which the contract can be cancelled (either 14 days from receipt of goods or from the date of entering into a contract for services).
14 days is the minimum cooling-off period that a seller must give. There are, however, certain products and services that do not qualify for the 14 day cooling off period:
- Exempted products include CDs, DVDs or software where the seal has been broken; also perishable items and tailor-made or personalised items.
- Exempted services include leisure service activities on specific dates such as car hire, wedding venues, theatre tickets for specific performances, etc. For these services, the consumer has the same cancellation rights as if they were signing the contract in person.
For digital downloads, consumers will need to waive their cancellation rights before digital content can be provided. This means that once a consumer/customer has downloaded the content, then they have given up their consumer rights to a refund.
Consumers will typically waive these cancellation rights when they purchase the digital goods. This can be done through some form of verification box (such as a tickbox) for consumers to acknowledge that they have waived their consumer rights to a refund for digital content.
Corrupted Digital Content
Please bear in mind, that the Consumer Rights Act gives consumers protection when it comes to digital downloads that fail to work (ie. digital downloads that are corrupt). Consumers are entitled to a repair or replacement if the digital content is faulty and even compensation if other downloads or devices are affected.
1. Consumer Details
- customers have 14 days to download their order.
- customers get 5 downloads, immediately after their purchase, to get their order.
- customers consent to receive an invitation by email, to review their order.
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
3. Use License
- Permission is granted to temporarily download one copy of the materials
(information or software) on Keyboard Waves’s web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Keyboard Waves’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Keyboard Waves at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Keyboard Waves’s web site are provided “as is”. Keyboard Waves makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Keyboard Waves does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Keyboard Waves or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Keyboard Waves’s Internet site, even if Keyboard Waves or a Keyboard Waves authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on Keyboard Waves’s web site could include technical, typographical, or photographic errors. Keyboard Waves does not warrant that any of the materials on its web site are accurate, complete, or current. Keyboard Waves may make changes to the materials contained on its web site at any time without notice. Keyboard Waves does not, however, make any commitment to update the materials.
Keyboard Waves has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Keyboard Waves of the site. Use of any such linked web site is at the user’s own risk.
9. Governing Law
Any claim relating to Keyboard Waves’s web site shall be governed by the laws of the State of France without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.