Conditions of Use
Entire Agreement
Other than as specifically provided in any separate formal purchase agreement between you and musichouse.com, these terms and conditions (this “Agreement”) apply to all of your on-line purchases from the web site at www.musichouse.com (the “Site”) and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and musichouse.com.
Acceptance
By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon musichouse.com until accepted by musichouse.com. Musichouse.com will indicate its acceptance of an order by acknowledging your order by reply email or by shipping to you the ordered items.
Pricing
Because prices, product descriptions and availability can change quickly, musichouse.com does not warrant the accuracy or completeness of the information provided on the Site. For more on our pricing policies, please refer to our Site Terms of Use.
Payment Terms; Orders
The payment method available for internet orders at this time is credit card or PayPal. We accept VISA, MasterCard, American Express, or Discover.
Shipping Charges; Taxes
Separate charges for shipping and handling will be shown on your order form. Orders must be placed by 2:00 PM Western Standard Time to be processed the same day. Most orders placed by that cutoff time will be shipped that day. Orders placed on Saturdays, Sundays, or holidays will be processed the next business day. Some circumstances may prevent an order from being processed on the same day; Some orders may be held for verification. This may cause a slight delay in shipping your order to you. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries. For more information on our shipping policies, including rates, delivery times, and delays, please refer to our Online Customer Service page.
If applicable, a separate charge for taxes will be shown on the invoice. Currently, the only state for which we must charge sales tax is California.
Title; Risk of Loss
Title to products passes from musichouse.com to you on shipment from our or our designee’s facility. Loss or damage that occurs during shipping by a carrier is your responsibility. Title to any licensed intellectual property will remain with the applicable licensor(s).
Limited Warranty
All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to:
The Music House PO Box 26887 Santa Ana, CA 92626
Musichouse.com PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, musichouse.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Return Policy
If you are not completely satisfied with any product, return it for a full refund of the product purchase price, full credit, or exchange of your choice, within forty five (45) days from the shipping date. Musichouse.com only accepts returns made within the first forty five (45) days of shipment. Should you find it necessary to return any merchandise, it must be shipped within this forty five (45) day guarantee period. Please follow the return instructions printed on the back of your invoice. All returned items must include a Return Authorization Number, be in the original packaging complete with the warranty card and owner's manual, and show no signs of wear or abuse; otherwise the return will either be refused or subject to a minimum fifteen percent (15%) restocking fee. Returns originally paid for by credit card are issued a credit for the purchase price. Refunds are issued for product value only, excluding shipping and handling.
The Music House c/o Returns 23362 Madero #D Mission Viejo, CA 92691
Please be aware that some items are nonreturnable. Opened or used sets of strings, boxes of reeds, computer software, sound cards, tubes, internal earphones, earplugs, traditional and ethnic wind instruments, raw-frame speakers, pickups that have been installed, drum heads and sticks, turntable cartridges, clothing, books, cassettes, CDs, and videos are nonreturnable except for defective items. Returned mouthpieces incur a $5 sterilization fee.
Limitation of Liability
The Music House DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Music House WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, Music House SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable Law; Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale or export.
Governing Law
These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in Orange County, Oregon, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.
Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.