Customers must be at least 18 years of age to place an order with Sofway USA LLC. Please note that each order for goods is an offer by you to purchase goods from Sofway USA LLC subject to these terms and conditions.
a) 'Company' means Sofway USA LLC.
b) 'Customer' means any individual or firm offering to purchase goods from Sofway USA LLC.
c) 'Goods' means any products or services that Sofway USA LLC has sold or is proposing to sell to the customer.
d) 'Agreement' means any transaction or proposed transaction between Sofway USA LLC and the customer relating to the sale/ purchase of goods.
e) These terms and conditions shall apply to and be incorporated into every agreement between Sofway USA LLC and the customer.
f) These terms and conditions supersede any previous terms and conditions of Sofway USA LLC.
g) These terms and conditions shall take precedence over any terms and conditions of the customer and shall not be varied without the written consent of Sofway USA LLC.
h) 'Normal Business Hours' means 9am-5pm Eastern Standard Time, Monday-Friday, and does NOT mean Saturday or Sunday.
a) Unless otherwise stated, prices quoted by Sofway USA LLC are exclusive of sales tax and delivery.
b) Sofway USA LLC shall be entitled to alter prices to correct errors or omissions.
a) Payment for all goods must be made in full, at the time of order, by credit or debit card. Payment by other methods, for example by check must be agreed by Sofway USA LLC in writing and the funds cleared into Sofway USA LLC's bank account prior to goods being despatched.
b) Sofway USA LLC will not deliver goods before the credit card transaction has been authorized.
c) Sofway USA LLC will not deliver goods if it has any evidence or suspicion that a credit card is being used fraudulently.
d) Sofway USA LLC will pass on all information it holds about a customer on request by the police or other authorities where a credit card has been used to commit fraud or any other crime.
Under the Copyright Act of 1976, 17 U.S.C. § 109, goods are not "first sale," and are covered by the exhaustion rule.
a) While Sofway USA LLC will do its utmost to keep to its promised delivery dates, they are to be treated as estimates only. Sofway USA LLC shall have no liability for any delay in delivery or non-delivery or for any consequential loss. Delays due to circumstances outside the control of Sofway USA LLC shall not entitle the customer to cancel any order or to refuse to accept delivery.
b) If a customer has not been able to accept delivery when a courier or USPS has attempted delivery then any costs incurred by Sofway USA LLC in re-delivery or attempted re-delivery to the customer shall be chargeable to the customer.
c) If a customer has not collected a parcel from a courier or USPS following an attempted delivery and the parcel is subsequently returned to Sofway USA LLC, then all costs incurred in such a redelivery shall be chargeable to the customer.
d) If following return of a parcel to Sofway USA LLC, the customer wishes redelivery then the costs of carriage shall be borne by the customer.
e) Sofway USA LLC shall be entitled to make partial deliveries, in which case these terms and conditions shall apply to each partial delivery.
f) Damage Or Loss In Transit:- Claims against FedEx or USPS for damage or loss in transit are the responsibility of the Customer. Requests for proof of posting must be sent to Sofway USA LLC in writing. In the event that the Company claims on the Customer's behalf, the Company's liability for loss or damage in transit shall be limited to the amounts (if any) recovered from the shippers and insurers less any costs of Sofway USA LLC in connection with the claim.
6. Cancellations and Returns
a) Once you have opened (unsealed) a software shipping package and viewed a product key, or received a product key by telephone or email, Sofway USA LLC will not accept its return.
b) If you are not sure that you have ordered the correct software product, please DO NOT open the shipping package and follow the returns procedure.
c) Any advice that may have been provided by Sofway USA LLC is purely for guidance and not to be relied upon. It is the customer’s responsibility to order the correct product.
d) The customer shall not return any goods without Sofway USA LLC's written consent.
e) All items must be unopened.
f) Return requests must be submitted within 7 days of receiving a product and will not be accepted unless the customer is issued a valid RMA number.
g) A re-stocking fee of up to 15% of the purchase price will be assessed on all canceled orders, unless they are found to be defective. All shipping and handling charges are non-refundable.
h) Returns must be sent via courier or USPS at customer’s expense. The company will not be responsible for returns that are lost in transit.
7. Force Majeure
Sofway USA LLC shall not be liable for failure to meet its obligations if such failure results from circumstances which could not have been contemplated and which are beyond the company's reasonable control.