PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN The Sheet Music Shoppe'S INVOICE OR OTHER The Sheet Music Shoppe DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND The Sheet Music Shoppe HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between you ("Customer") and The Sheet Music Shoppe. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on The Sheet Music Shoppe's Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and The Sheet Music Shoppe relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting The Sheet Music Shoppe at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in The Sheet Music Shoppe's invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN ORANGE COUNTY, CALIFORNIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides The Sheet Music Shoppe with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for The Sheet Music Shoppe, title to products and risk of loss or damage during shipment passes from The Sheet Music Shoppe to Customer upon shipment from The Sheet Music Shoppe's facility. For all other shipments, title to products and risk of loss or damage during shipment passes from The Sheet Music Shoppe to Customer upon receipt by Customer. The Sheet Music Shoppe retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Warranties
Customer understands that The Sheet Music Shoppe is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not The Sheet Music Shoppe. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by The Sheet Music Shoppe or its affiliates. In connection with services, neither affiliates of The Sheet Music Shoppe nor third party service providers are agents of The Sheet Music Shoppe and The Sheet Music Shoppe has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. The Sheet Music Shoppe AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF The Sheet Music Shoppe, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing Information; Availability Disclaimer
All pricing is subject to change. The Sheet Music Shoppe reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, The Sheet Music Shoppe cannot guarantee that it will be able to fulfill Customer's orders.
Limitation of Liability
NEITHER The Sheet Music Shoppe NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY The Sheet Music Shoppe OR ITS AFFILIATES, NEITHER The Sheet Music Shoppe NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
The Sheet Music Shoppe will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by The Sheet Music Shoppe are estimates only.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon The Sheet Music Shoppe until accepted by The Sheet Music Shoppe. Terms of payment are within The Sheet Music Shoppe's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. The Sheet Music Shoppe may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold The Sheet Music Shoppe harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by The Sheet Music Shoppe's net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide The Sheet Music Shoppe with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of The Sheet Music Shoppe's costs of collection, including court costs, filing fees and attorney's fees.
Exchanges
*Please contact The Sheet Music Shoppe Customer Relations at 1-714-641-8440, or via email at info@sheetmusicshoppe.com, before shipping product back to The Sheet Music Shoppe. This will expedite and help ensure the proper action or credit upon processing.
*Please return all products 100% complete including all documentation included with the original shipment. Exchange approval is contingent upon, among other things, the products being 100% complete.
*Returns for exchange will be accepted for damaged goods only, in exchange for the same product.
Return shipping address:
The Sheet Music Shoppe
3688 South Bristol Street
Santa Ana, California 92704
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.
Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify The Sheet Music Shoppe immediately to arrange for a carrier inspection and a pick up of damaged products.
Credit Card Payment Policy
The Sheet Music Shoppe will accept only MasterCard, Visa, and American Express cards for payment.
Check Payment Policy
The Sheet Music Shoppe will accept a cashiers check or money order on all COD orders. The Sheet Music Shoppe will accept personal and business checks for prepay orders. Allow 10 business days for clearing.
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