TERMS OF SERVICE AND USE
In this Agreement the following words and expressions shall have the following meanings:-
"Digital Goods Store" means BeArt-Presets Store, Registered in USA.
"Store" means any web based service operated by "BeArt-Presets Store" for the purposes of marketing and retailing digital goods.
"Customer" means you the person purchasing "Digital Goods" from "Digital Goods Store"
"Author" means the person that has the Intellectual Property rights or rights to sell the "Digital Goods" via the "Store or Shop"
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
These Conditions of Sale govern the sale of "Digital Goods" by "Digital Goods Store" to the "Customer".
1. The Contract
When you purchase "Digital Goods" from "Digital Goods Store" via any of our "Store" you are accepting these terms and conditions of sale. The contract for the purchase of any "Digital Goods" will be between the "Customer" and "Digital Goods Store" and will only be formed when "Digital Goods Store" make the "Digital Goods" available for download and we have received payment in full for the "Digital Goods". Until we make the "Digital Goods" available for download and receive payment in full there is no contract between the "Customer" and us for the "Digital Goods". "Digital Goods Store" reserves the right, at our sole discretion to reject any order we receive. By placing an order with "Digital Goods Store" you agree you are:-
legally capable of entering into binding contracts
at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
2. Cancellation and Refunds
Due to the digital nature of our products, we do not provide refunds or exchanges once they have been purchased, which is the industry standard.
3. Price and Payment
The price of any "Digital Goods" will be as quoted on the "Store" at the then current time, except in the case of obvious error. This price will include legally applicable VAT. The "Customer" agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for "Digital Goods" other than at the then current price. Payment for all "Digital Goods" is processed securely by various third party payment gateway services and will be handled in the currency advertised on the "Store".
"Digital Goods" are delivered to the "Customer" by a choice of methods:-
via download to the "Customer"'s personal desktop computer
via transfer to the "Customer"'s Dropbox account
5. Customer Requirements
In order for the "Customer" to access the "Digital Goods" the "Customer" is required to have:-
an internet connection
a personal desktop computer or mobile device capable of opening the "Digital Goods"
6. Email Communications
In the process of purchasing "Digital Goods" from "Digital Goods Store" the "Customer" email address will be subscribed to the "Digital Goods Store" general email list. "Digital Goods Store" also passes on the "Customer" email address to its "Author"'s own email lists if they have asked "Digital Goods Store" to do this on their behalf. Both subscriptions are opt-in meaning the "Customer" will receive an opt-in email after the sale asking then to opt-in to receive future promotional emails. "Digital Goods Store" also use the "Customer" email address to issue a one time 'Order Receipt' email to upon receipt of a successful order.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of US and the parties hereby submit to the exclusive jurisdiction of the US courts.