Digital Software Terms Of Sale
Version: 1 September 2026
Effective date: 1 September 2026
These Terms of Sale ("Terms") govern purchases of downloadable software made
directly from MKSREC Electronics Limited through https://mksrec.com
(the "Website").
They govern ordering, payment, electronic supply, cancellation and refunds.
The applicable End User Licence Agreement ("EULA") governs the licence and use
of each software product.
1. ABOUT US AND SCOPE
1.1 We are MKSREC Electronics Limited, a company registered in England and
Wales under company number 14230747 ("MKSREC", "we", "us" or "our").
Registered office:
MKSREC Electronics Limited
3rd Floor
207 Regent Street
London
England
W1B 3HH
Email: support@mksrec.com
Website: https://mksrec.com
VAT registration number: GB423651708
1.2 These Terms apply to paid audio plug-ins and other downloadable software
products purchased directly from us through the Website. Each is a "Software
Product".
1.3 These Terms do not govern:
(a) physical products, which are governed by the terms presented for those
products;
(b) free demo, trial or evaluation software, which is governed by its EULA; or
(c) a purchase made through an authorised reseller, marketplace or other third
party, whose terms govern the purchase, payment, cancellation and refund.
1.4 A "Consumer" is an individual acting wholly or mainly outside their trade,
business, craft or profession. A "Business Customer" is any person or
organisation that is not a Consumer.
1.5 "You" means the person placing the order. If you order on behalf of an
organisation, "you" means that organisation and you confirm that you have
authority to bind it.
2. PRODUCT INFORMATION AND THE EULA
2.1 Before you order, the product page and checkout will identify or make
available the Software Product's:
(a) main characteristics and functionality;
(b) licence type and applicable EULA;
(c) supported operating systems, processor architectures and plug-in formats;
(d) minimum hardware and relevant host requirements;
(e) material compatibility or interoperability limitations;
(f) internet, account and licence-validation requirements;
(g) technical protection measures;
(h) collection or transmission of telemetry, usage, diagnostic,
crash-reporting or device-identification data, if any;
(i) price and applicable taxes; and
(j) support or update entitlement expressly included with the purchase.
2.2 The product description, compatibility information, checkout information,
order confirmation and applicable EULA form part of the contract where
applicable.
2.3 You should check the published system and compatibility requirements before
ordering. This does not reduce your rights where our information is inaccurate
or the Software Product does not conform to the contract.
2.4 Audio demonstrations, images and videos show examples of the Software
Product in use. Creative results may vary with source material, settings and
other software or hardware. This does not qualify or reduce a specific
statement we make about its features, functionality or performance.
2.5 Purchase grants a licence to use the Software Product. It does not transfer
ownership of the software or its intellectual property.
2.6 Your licence and use are governed by the EULA made available before you
place the order and displayed again by the installer where applicable. By
accepting these Terms and the EULA before placing your order, you agree to
both documents.
2.7 If these Terms and the EULA are inconsistent:
(a) these Terms take priority for ordering, price, payment, electronic supply,
cancellation and refunds;
(b) the EULA takes priority for the licence, permitted use, restrictions,
ownership, updates, support and termination of the licence; and
(c) mandatory law takes priority over both.
2.8 A later version of these Terms or an EULA does not retrospectively change a
contract or licence already acquired unless you expressly agree or the change
is required by law.
3. PLACING AN ORDER
3.1 To order through the Website, you will ordinarily select the Software
Product and licence quantity, review and correct the cart, provide the requested
contact and billing information, accept these Terms and the EULA, provide any
required immediate-supply consent, select a payment method and activate the
button which clearly indicates an obligation to pay.
3.2 The contract is available in English. You may save or print these Terms and
the EULA before ordering.
3.3 Your order is an offer to purchase the licence or licences shown in the
order.
3.4 A contract is formed when your payment has been authorised or otherwise
accepted and we send an order confirmation stating that we have accepted the
order.
3.5 Before acceptance, we may decline an order for a genuine reason, including
payment failure, reasonable suspicion of fraud, a legal or sanctions
restriction, inability to supply in your country, an obvious pricing error, or
a technical problem preventing supply.
3.6 If we take payment but do not accept the order, or cannot supply an accepted
order, we will refund the affected payment without undue delay.
3.7 We will not substitute a different Software Product without your express
agreement.
3.8 After the contract is formed, and no later than when electronic supply
begins, we will send confirmation by email. It will identify the order and the
applicable versions of these Terms and the EULA, and will confirm any
immediate-supply consent and cancellation-right acknowledgement. We will
provide the contractual information in a form you can save and retain.
3.9 We retain an electronic record of the order and the versions of the legal terms recorded against it. You may request a copy by emailing support@mksrec.com. You should also keep the order confirmation and accompanying documents.
4. PRICE, TAX AND PAYMENT
4.1 The total price payable, including any tax that we are required to collect,
will be shown before you place the order. Where tax is calculated separately,
it will be shown before payment.
4.2 No physical delivery charge applies to an order containing only
downloadable software. If an order also contains a physical product, its
shipping charges and terms apply separately.
4.3 Available payment methods are shown at checkout. Payment is processed by
Shopify and one or more payment service providers. We do not ordinarily receive
or retain your complete card details.
4.4 You must provide accurate billing and tax information. If you claim
business tax treatment, including treatment based on a VAT registration
number, you are responsible for supplying valid information.
4.5 Your bank, card issuer or payment provider may apply currency conversion,
foreign-transaction or other charges. Those charges are imposed by that
provider and are not part of the price charged by us.
4.6 We may change prices for future orders, but a change will not affect an
order already accepted.
4.7 If a displayed price is clearly erroneous and the error could reasonably
have been recognised, we may reject the order before acceptance. If we discover
such an error after acceptance, we will contact you promptly and will cancel or
correct the order only to the extent permitted by law. If we cancel, we will
provide a full refund.
4.8 A purchase is a one-off payment unless the product and checkout clearly
state that it is a subscription or includes recurring charges and you expressly
agree to those charges.
5. ELECTRONIC SUPPLY
5.1 Software Products are supplied electronically. Following acceptance of the
order and, for a Consumer, receipt of the consent and acknowledgement required
by section 6, we will begin supply by making the installer, download, licence
key, licence file or other means of access available to you.
5.2 Supply is normally intended to begin promptly after payment. Payment
processing, fraud-prevention checks or a temporary technical problem may cause
a reasonable delay.
5.3 You are responsible for providing an email address that you can access and
for checking spam or filtering systems. Contact support@mksrec.com if you do
not receive the order confirmation, download information or licence key within
a reasonable time.
5.4 If a supplied link or file is defective, incomplete or inaccessible, we
will take reasonable steps to provide a working replacement.
5.5 Unless continuing download access is expressly included in the product
description, the purchase includes initial electronic supply and does not make
us a permanent file-storage service. You should keep reasonable backup copies
of the installer, documentation and licence key. This does not affect your
rights if we fail to supply the Software Product as agreed.
5.6 The product page and EULA state any internet connection required by the
Software Product itself. An internet connection may separately be required to
purchase or download it, obtain an update or contact support.
6. CONSUMER CANCELLATION AND IMMEDIATE SUPPLY
6.1 If you are a UK Consumer, you normally have a statutory right to cancel a
distance contract for downloadable digital content during the period ending 14
days after the day on which the contract is entered into.
6.2 Our paid software checkout is intended for immediate electronic supply.
Before we begin supply during that cancellation period, we require you to:
(a) give your express consent to supply beginning before the cancellation
period has ended; and
(b) acknowledge that your statutory right to cancel will be lost once supply
begins.
6.3 This consent and acknowledgement are requested separately at checkout and
are not inferred from silence or a pre-selected option.
6.4 Once supply has begun following the required consent and acknowledgement,
you lose the statutory change-of-mind right to cancel that Software Product.
6.5 While an applicable cancellation right remains, you may exercise it by
sending a clear statement identifying you and the order to
support@mksrec.com. You may use the optional form in Appendix 1, but do not
have to use it.
6.6 If you do not provide the required consent and acknowledgement, we may
delay supply until the cancellation period has ended or decline an order
designed for immediate delivery.
6.7 Unless required by law or expressly agreed by us, we do not provide a
change-of-mind refund after supply has begun with the required consent and
acknowledgement.
6.8 Losing the change-of-mind cancellation right does not affect your rights
where the Software Product is faulty, not as described, not fit for a purpose
made known to us, or otherwise fails to conform to the contract.
6.9 Business Customers do not have a consumer cooling-off right unless we
expressly agree otherwise in writing.
6.10 Consumers outside the United Kingdom may have mandatory cancellation or
withdrawal rights under the law that applies where they live. Nothing in these
Terms removes a right that cannot lawfully be excluded.
7. FAULTY SOFTWARE AND REFUNDS
7.1 Nothing in these Terms excludes or restricts a Consumer's mandatory legal
rights or remedies.
7.2 For UK Consumers, paid digital content must be of satisfactory quality, be
fit for a particular purpose made known to us, match its description, and be
supplied by a person entitled to supply it.
7.3 If you believe a Software Product does not conform to the contract, contact
support@mksrec.com with the order number, a description of the problem and
relevant system, operating-system and host information. We may request other
information reasonably needed to identify or reproduce the problem.
7.4 Where applicable law gives a Consumer a right to repair or replacement, we
will provide the remedy within a reasonable time, without significant
inconvenience and without charge. A particular remedy need not be provided if
it is impossible or legally disproportionate compared with the other remedy.
7.5 Where repair or replacement is impossible, legally disproportionate, or is
not completed within a reasonable time and without significant inconvenience,
a Consumer may be entitled to an appropriate price reduction, which may in
appropriate circumstances be the full price paid.
7.6 If we did not have the right to supply the Software Product, a Consumer may
be entitled to a refund. If paid digital content damages a UK Consumer's device
or other digital content because we failed to use reasonable care and skill,
the Consumer may be entitled to repair of the damage or appropriate
compensation.
7.7 We do not impose a contractual deadline which removes a Consumer's
mandatory right to report faulty digital content. Prompt notification may make
a technical problem easier to investigate and correct.
7.8 Where a Consumer validly cancels while a statutory cancellation right
remains, we will refund all payments received for the cancelled Software
Product without undue delay and no later than 14 days after being informed of
the cancellation.
7.9 Where a UK Consumer is entitled to a statutory price reduction, refund or
compensation concerning paid digital content, payment will be made without
undue delay and no later than 14 days after we agree that the Consumer is
entitled to it.
7.10 Unless you expressly agree otherwise, a refund will be made through the
same payment method used for the original transaction and without a refund fee
charged by us.
7.11 We will refund the amount due in the currency of the original transaction.
Your payment provider may convert it using a different exchange rate or may not
return its own conversion or foreign-transaction charge. We do not control
those provider-level amounts, but this does not reduce the amount we are
legally required to refund.
7.12 If the full price of a Software Product is refunded following cancellation
or termination of the purchase, the associated paid licence ends unless we
expressly agree otherwise or applicable law requires a different result. You
must then stop using and delete the affected software and licence key in
accordance with the EULA.
8. LIABILITY
8.1 Nothing in these Terms or the EULA excludes or limits liability for death
or personal injury caused by negligence, fraud or fraudulent
misrepresentation, or any other liability that cannot lawfully be excluded or
limited.
8.2 If you are a Consumer, we are responsible for loss or damage that is a
foreseeable result of our breaching the contract or failing to use reasonable
care and skill. Loss or damage is foreseeable if it was an obvious consequence
or both parties knew, when the contract was made, that it might occur.
8.3 We are not liable to a Consumer for losses relating to the Consumer's
trade, business, craft or profession.
8.4 Nothing in these Terms affects a Consumer's statutory rights where the
Software Product damages a device or other digital content and we failed to use
reasonable care and skill.
8.5 If you are a Business Customer, then, subject to section 8.1 and to the
fullest extent permitted by law:
(a) we are not liable for indirect or consequential loss;
(b) we are not liable for loss of profit, revenue, business, contracts,
anticipated savings, opportunity, goodwill, data or production time, whether
direct or indirect; and
(c) our total aggregate liability arising out of or in connection with a
Software Product, these Terms and its EULA, whether in contract, tort including
negligence, misrepresentation or otherwise, is limited to the greater of GBP
100 and the price actually paid for the Software Product giving rise to the
claim.
8.6 The limit in section 8.5(c) is one combined aggregate limit for the
relevant Software Product under these Terms and the EULA, not a separate limit
under each document.
8.7 Subject to mandatory rights, we are not responsible to the extent that a
loss, failure or delay was caused by inaccurate information supplied by you,
an unsupported system or configuration, use contrary to the EULA or
documentation, an unauthorised modification, a third-party product for which we
are not responsible, or an event outside our reasonable control.
8.8 If an event outside our reasonable control prevents supply, we will take
reasonable steps to minimise the delay and notify you where the effect is
material. If we cannot supply within a reasonable time, you may end the
affected contract and receive a refund for the Software Product not supplied.
9. PERSONAL INFORMATION
9.1 We process personal information relating to orders, payment, fraud
prevention, electronic supply, licence administration and support in accordance
with our Privacy Policy at https://mksrec.com/pages/privacy-policy.
9.2 Shopify, payment service providers and other providers may process
information to operate the store and complete the transaction under their
applicable privacy notices and our arrangements with them.
9.3 These Terms do not authorise a Software Product to collect telemetry,
usage data, diagnostic information or device identifiers. Any such processing,
or the absence of it, must be described in the product information, EULA and
Privacy Policy as applicable.
10. CHANGES, GOVERNING LAW AND GENERAL TERMS
10.1 The version of these Terms identified before you place the order and recorded against that order applies to it.
10.2 If you are a Business Customer, these Terms, the contract and any
non-contractual obligations arising from them are governed by the laws of
England and Wales. The courts of England and Wales have exclusive jurisdiction.
10.3 If you are a Consumer, these Terms and the contract are governed by the
laws of England and Wales, but this does not deprive you of mandatory
protections provided by the law of the country or part of the United Kingdom in
which you habitually reside. A Consumer may bring proceedings in the courts of
England and Wales or another court made available by applicable mandatory law.
10.4 For Business Customers, these Terms, the applicable EULA, order
confirmation, product description and compatibility information constitute the
entire agreement concerning the purchase and supply of the Software Product.
Nothing in this section excludes liability for fraud or fraudulent
misrepresentation.
10.5 If any provision is unlawful or unenforceable, it will be treated as
deleted to the minimum extent necessary. The remaining provisions will
continue in effect.
10.6 A failure or delay in enforcing a right does not waive that right.
10.7 We may transfer our rights and obligations under the contract to a
successor in connection with a sale, merger, reorganisation or transfer of the
relevant business, provided that this does not reduce a Consumer's mandatory
rights or the substantive rights granted under an existing paid licence.
10.8 You may transfer a licence only as permitted by the EULA and applicable
law.
10.9 No person other than you and MKSREC has a right to enforce these Terms
under the Contracts (Rights of Third Parties) Act 1999.
10.10 References to written communication include email.
11. CONTACT AND COMPLAINTS
11.1 Questions, cancellation notices, support requests and complaints may be
sent to support@mksrec.com.
11.2 Please include your order number and sufficient information for us to
identify the order and understand the issue. We will consider complaints fairly
and respond within a reasonable time.
11.3 Legal notices may also be sent by post to:
MKSREC Electronics Limited
3rd Floor
207 Regent Street
London
England
W1B 3HH
APPENDIX 1
OPTIONAL CANCELLATION FORM
Complete and send this form only if you still have a right to cancel. You may
instead send any other clear statement of cancellation.
To:
MKSREC Electronics Limited
3rd Floor
207 Regent Street
London
England
W1B 3HH
Email: support@mksrec.com
I hereby give notice that I cancel my contract for the supply of the following
digital content:
Software Product:
Order number:
Order date:
Name of Consumer:
Address of Consumer:
Email address used for the order:
Signature of Consumer:
Required only if this form is submitted on paper.
Date: