TERMS & CONDITIONS OF SALE
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These terms and conditions are intended to remove any ambiguity when dealing with BMSoftware and are in line with or in addition to any statutory rights.
We list over 2000 products, many of these may now be end of line or vintage, but we are very successful at sourcing older products. This can be useful when looking for cheaper upgrade paths, replacing lost or broken disks, maintaining cosistency and compatibility across several computers or just looking for a bargain priced older product.
We hold approximately 33% of our products in stock, another 33% are readily obtainable within the week, the remaining 33% may be sourcable over a longer time scale, from 3 weeks to 3 months. If a product is not in stock we will give you a delivery estimate.
We rely on manufacturer data, user forums, and our own testing and experience to describe products to the best of our ability. If a product is listed as compatible with Mac or PC, it will be depend upon the year of manufacture or product release version and date as to which version of the appropriate operating system (OS) it applies to.
Where prossible we have listed individually compatible Microsoft Windows and Apple Mac OS versions and any other system requirements. If your version is not listed please confirm with us by email that it is likely to work. Often, compatibility modes will allow a Windows XP product to work on Windows Vista, 7 or 8 etc. Apple OS X compatibility is insufficient of itself as each incarnation such as Mountain Lion etc can render a previously compatible product no longer functioning.
Microsoft and Apple regularly upgrade their software and sometimes an update by them can knock out a software's conmpatibility - this is not the fault of the software maker, although most will then offer a free update to make their product work. Some may save the update for a paid-for upgrade and some may discontinue the product or go out of business.
We at BMSoftware.com value all of our customers and are committed to offering the best prices for all items advertised. If an item can be found cheaper somewhere else - then we will do our best to beat or price match it so long at it is in stock and relevant details are supplied. It is best to call or e-mail for the latest prices.
All prices are correct at the time of publishing to the web, however, they are subject to change without prior notification. Prices will be confirmed with order.
We reserve the right to not supply goods at prices that are "obvious" errors, such as mistyped prices that appear to sell £1000 of goods for £10.00, because a decimal point has moved. Any price in doubt will be confirmed with your order, you should check this to see if the price is the same as you expected.
Items may be sent without the outer packaging to save on weight or bulk due to Royal Mail pricing by size as well as weight and our own policy of cutting down on waste. If the item is a gift, please inform at the time of ordering, so any outer box can be included, this may result in a higher postage charge.
Some items attract a higher postage rate due to weight or cost of insurance. You will be informed if the postage cost rises to a particular destination beyond economic means to absorb it ourselves.
We reserve the right to not sell goods or ship at a loss and to renegotiate a sale if the shipping cost outweighs the combined shipping charge and profit margin.
Once an order has been placed, the customer is liable for the shipping costs, even if returned unless proven to be faulty (for the interpretation of faulty software - see below).
All goods remain the property of BMSoftware until full payment has been received.
Businesses, institutions and charities, and some returning customers may be eligible for 28 days credit and can select the "Invoice Me" method of payment.
Some items require payment in advance due to special ordering or obtaining an out of stock, discontinued or not normally stocked product. If we cannot obtain a product you will always get your money back. Where we use PayPal checkout you are also covered by a 3-6 month dispute process window. If you use a credit card you are also covered by your card issuer.
All items are dispatched with a VAT invoice, this is to be settled within 28 days, if not pre-paid, in which case the invoice will act as a receipt and show a zero balance.
Payment can be made using credit card, debit card, cheque, PayPal, Western Union, postal order, cash or online banking transfer (please ask for details).
Credit Cards attract a finance charge, which is a percentage of the total charged, we absorb up to half the cost leaving a 2% charge which will be added to your invoice and deducted at the same time as the goods. This is in accordance with financial transparency and in line with UK government changes prohibiting the charging of card fees that exceed actual cost. There is no fee for using a debit card (we absorb the token 25p cost and/or 3.8% checkout fee of Google or PayPal checkout are used).
Personal and Consumer sector
If your payment bounces we will try to charge again, or request you make payment by another method. If this is after the goods have been delivered and we do not receive payment within the stated period (14-28 days) we may seek redress via the Small Claims Court which may result in extra costs.
Business and Public Sector
In accordance with The Late Payment of Commercial Debts Acts (1998)
From November 2000, the legislation changed, it became the statutory rights of small companies to charge other small companies for interest on outstanding amounts owed.
From November 2002 this legislation will extend to allow interest to be charged on outstanding amounts owed by the public sector.
We will issue a second request for payment after the initial 28 day period. Ordinarily we will also attempt to contact you by email and phone. If payment is not received, then interest will be charged at 8% above base rate (per annum pro rata) until the account is cleared. It will be backdated to date of sale. We reserve the right to charge administration costs on recovering your debt (according to the European Directive 2000/35/EC these will be £40 under £1,000, and £70 under £10,000). If the debt is still not cleared then procedures will be started to recover the monies owed (or the goods) through the small claims court or debt collectors.
Under the Limitation Act 1980 we reserve the right to invoice for goods and services "founded on simple contract" for up to "six years from the date on which the cause of action accrued".
If an item is found to be faulty then we will, where possible, supply a replacement product.
However in some cases, for example Microsoft™, the companies are not liable for imperfect software, in these cases we will do our best to rectify the situation, this may mean that a refund will not always be possible. If this is the case we will issue a credit note against future purchases.
Some products require multi-user licences, these can sometimes be returned, however payment must first be received before return - the cost will then be refunded after we have negotiated with the license issuer on your behalf.
In no case, unless agreed during the ordering process are items bought on a trial basis. The product details are given on the web-pages, and when ordering it is determined as much as possible as to whether the item is the right product for the needs of the customer.
However, you do have a 14 day cooling off period, during which the goods can be returned, although shipping costs may still have to be paid. This is only applicable to goods which have not been tampered with, opened or installed in any way (this does not affect your statutory rights regarding faulty goods which of course are entitled to a refund, repair or replacement).
It is assumed that once the product has been installed, then you have agreed to pay for the item. Installing it, even if it is then uninstalled is a commitment to purchase. If the product is totally unsuitable then a credit note will be issued, but shipping costs must be paid.
Some items may be non-returnable (except where they are uninstalled and covered within the Distance Selling Act cooling off period), for example those with no known faults, although a money back guarantee may be in place with the software provider, but the customer may have to return this to the manufacturer and may incur shipping costs, e.g., to the USA.
Other products are hard to determine whether they are faulty, for example, translation software, where variable translation quality is not a condition of return as there is no standard by which to judge it. Although we are usually prepared to exchange a product or upgrade to a better one. Customers should realise that 95% translation quality or 98% OCR scan quality are considered to be fair measures and not a reason for claiming less than 100% efficiency or accuracy.
Technically, software is not sold on a trial basis unless specifically described as such. We have trial disks for titles such as Virtual CD, Universal Word etc. But if there are none then you should research the product fully before purchase and ask us any questions in advance, getting them in writing by email enhances your right to return if they do not meet your expectation.
If an item is found to be without fault upon return, then the customer may be liable to pay the full shipping charge, and if a business customer there may be a 10% administration, goods restocking and devaluation charge.
We at BMSoftware are committed to ensure that you are happy with your software purchased from us, but sometimes we are restricted by the terms and conditions laid out by the supplier. For example; Microsoft™ have a policy which states that once the shrink-wrap has been opened then the item has been accepted and cannot be returned or refunded. Equally, upon installation some software has an End User License Agreement (EULA) which people are prone to click without reading it, the "click" is a legal acceptance.
If a high value item non-stock item has to be ordered in especially, or customised to your requirements, then subject to the conditions of the supplier we may be unable to offer a refund unless the supplier consents to take it back.
Order cancellations of non-stock items should be made before dispatch. Cancellations of non-stock items should be made in sufficient time to allow cancellation of the special order from the supplier. Cancellations received over a weekend or public holiday will be deemed to have been received on the next working day. Again this does not affect your right to cancel or "cool-off" for 14 days as a consumer - this legislation does not apply to business customers.
All returns should be approved in advance and use the BMSoftware issued RMA number and sent back to us using a signed for service to obtain proof, either a certificate of posting or registered post, special delivery if valuable. Returns not using this method may not reach us and unless you have proof of sending or receipt you may lose your entitlement to a refund.
We reserve the option to offer support, fix, repair, update, patch or replacement in addition to full and partial refunds, credit notes and alternative product discounts.
Refunds will take place according to law within 30 days although this is often within 7 days or sooner. Even same day refunds may take a few days to appear back on your account statment.
PRIVACY POLICY
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At BMSoftware.com we are committed to respecting your privacy. While we collect some information from you, it is our committed policy to ensure that all your personal information remains private and secure. As part of our privacy policy, we: (1) provide a privacy notice and or a link to this Privacy Policy statement on all pages that ask for personal information; (2) will not sell or release personal identifying information about you to any other party without first obtaining your consent; and (3) will not knowingly collect or use personal identifying information from children younger than 13 without obtaining verified parental or guardianship consent.
1. What Information We Collect
When you contact us, using either the on-line order form, e-mail, or telephone, we enter your information into a database which is unavailable on-line. This information includes name, address, e-mail address, telephone number and the details of information or product requested. Session-only "cookies" are only used as part of the checkout process and are not stored permanently. We do not store any card details. We currently use PayPal checkout as a payment provider for card processing and they have their own privacy policies and we will not come into contact with your financial data.
2. How We Use It
Based on this information given by you, BMSoftware.com processes and ships your order.
We ask you for a telephone number, although it is not obligatory, in the event that we are unable to contact you by mail/e-mail. A landline phone number may also be required for security and fraud prevention during customer address verification.
We also may use this information to tell you about any special offers or products from ourselves which we think will interest you. To date this kind of marketing has never meant more than 1 email in a 1-2 year period, as we only tend to inform you of new versions and upgrades when they become available.
3. With Whom Do We Share Your Information
We do not share your information with any third parties or other companies. You will not receive junk mail or email as a result of shopping with us.
CONTACT DETAILS
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Click here for full Contact Details including postal address, additional phone lines and technical support email.
Whilst we are based in Norwich, Norfolk in the UK we can ship most items internationally.
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