Agreement
Other than as specifically provided in any separate formal purchase agreement between you and Musiatry, these terms and conditions (this “Agreement”) apply to all of your purchases from the website at Musiatry.com (the “Site”) and from the Musiatry, retail store and showroom, 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 Musiatry.
Acceptance
By purchasing products and/or services from Musiatry, you agree to be bound by and accept this Agreement. Musiatry will indicate its acceptance of an order by acknowledging your order by reply email, a telephone call, delivery, or by shipping the ordered item(s) to you. Orders are not binding upon Musiatry until accepted by Musiatry. We reserve the right to refuse service to anyone.
Pricing
Because prices, product descriptions, and availability can change quickly, Musiatry does not warrant the accuracy or completeness of the information provided on the Site. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Musiatry shall be subject to correction without any liability on the part of Musiatry. Musiatry reserves the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Musiatry which is due to any factor beyond the control of the Musiatry (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the products which are ordered by you, or any delay caused by any instructions from you or failure of you to give Musiatry adequate information or instructions.
Payment Terms—Orders
For payment on our website Musiatry.com we accept credit cards processed through Stripe™. Here at Musiatry we never see your credit card numbers submitted on our website, and our shopping cart is secured with 128-bit encryption. For mail orders and in person you may pay by personal check, or cash. Mail orders paid by check are subject to a 10-business-day hold.
Shipping Charges—Taxes and Title
Separate charges for shipping and handling will be shown on your order form, or shown in a separate email in the case of large and heavy items. Most orders received before 3:00 p.m. U.S. Eastern Time, Monday through Friday, are shipped the same day. Orders placed on Saturdays, Sundays, or holidays will be processed the next business day. Orders to be shipped to alternate addresses may be held for extended verification. We reserve the right to refuse shipping to alternate addresses at our discretion.
All items purchased from Musiatry are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
All internet sales are subject to state and local sales tax.
International buyers are responsible for import duties, taxes and charges. These are not included in the item price or shipping cost. Please check with your country's customs office to determine what these additional costs will be prior to ordering.
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 request.
MUSIATRY PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSIATRY, LLC 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 as follows:
Generally, merchandise may be returned within 30 days from shipment. Exceptions: Harps and guitars may be returned after a 3 day approval period. Books, music books, music sheets, CDs, and DVDs may be exchanged for the same item, if found to be defective. Pickups that have been used, opened, or installed are non-returnable. Strings that have been used, opened, or installed are non-returnable unless found to be defective before being strung on an instrument, in which case they will be exchanged for the same item only. Strings that have broken after having been strung on an instrument are non-returnable. Special order items are non-returnable. Consignment items are are non-returnable.
Should you find it necessary to return any merchandise please contact Musiatry for a Return Authorization Number (RMA number). Returned items must 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 a 15% restocking fee will be charged. Shipping and handling charges are nonrefundable.
Limitation of Liability
MUSIATRY 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. MUSIATRY 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, MUSIATRY 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 Commonwealth of Pennsylvania, USA as those laws are applied to contracts entered into and to be performed entirely in Pennsylvania, 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 Lehigh County, Pennsylvania, 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.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect:
This notice applies to all information collected or submitted on the Musiatry website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages may be:
Name
Address
Email address
Phone number
Credit/Debit Card Information
(etc.)
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not shared with outside parties except to the extent necessary to complete that order.
From time to time Musiatry may use customer's email addresses to announce new products and special offers etc. When you provide your email address to us, you consent to the receipt of occasional unsolicited marketing emails from us. You may choose to opt-out of receiving unsolicited marketing emails from us by contacting us at [email protected] with "opt-out" in the subject line.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please email us at [email protected].
Other than as specifically provided in any separate formal purchase agreement between you and Musiatry, these terms and conditions (this “Agreement”) apply to all of your purchases from the website at Musiatry.com (the “Site”) and from the Musiatry, retail store and showroom, 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 Musiatry.
Acceptance
By purchasing products and/or services from Musiatry, you agree to be bound by and accept this Agreement. Musiatry will indicate its acceptance of an order by acknowledging your order by reply email, a telephone call, delivery, or by shipping the ordered item(s) to you. Orders are not binding upon Musiatry until accepted by Musiatry. We reserve the right to refuse service to anyone.
Pricing
Because prices, product descriptions, and availability can change quickly, Musiatry does not warrant the accuracy or completeness of the information provided on the Site. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Musiatry shall be subject to correction without any liability on the part of Musiatry. Musiatry reserves the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Musiatry which is due to any factor beyond the control of the Musiatry (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the products which are ordered by you, or any delay caused by any instructions from you or failure of you to give Musiatry adequate information or instructions.
Payment Terms—Orders
For payment on our website Musiatry.com we accept credit cards processed through Stripe™. Here at Musiatry we never see your credit card numbers submitted on our website, and our shopping cart is secured with 128-bit encryption. For mail orders and in person you may pay by personal check, or cash. Mail orders paid by check are subject to a 10-business-day hold.
Shipping Charges—Taxes and Title
Separate charges for shipping and handling will be shown on your order form, or shown in a separate email in the case of large and heavy items. Most orders received before 3:00 p.m. U.S. Eastern Time, Monday through Friday, are shipped the same day. Orders placed on Saturdays, Sundays, or holidays will be processed the next business day. Orders to be shipped to alternate addresses may be held for extended verification. We reserve the right to refuse shipping to alternate addresses at our discretion.
All items purchased from Musiatry are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
All internet sales are subject to state and local sales tax.
International buyers are responsible for import duties, taxes and charges. These are not included in the item price or shipping cost. Please check with your country's customs office to determine what these additional costs will be prior to ordering.
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 request.
MUSIATRY PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSIATRY, LLC 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 as follows:
Generally, merchandise may be returned within 30 days from shipment. Exceptions: Harps and guitars may be returned after a 3 day approval period. Books, music books, music sheets, CDs, and DVDs may be exchanged for the same item, if found to be defective. Pickups that have been used, opened, or installed are non-returnable. Strings that have been used, opened, or installed are non-returnable unless found to be defective before being strung on an instrument, in which case they will be exchanged for the same item only. Strings that have broken after having been strung on an instrument are non-returnable. Special order items are non-returnable. Consignment items are are non-returnable.
Should you find it necessary to return any merchandise please contact Musiatry for a Return Authorization Number (RMA number). Returned items must 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 a 15% restocking fee will be charged. Shipping and handling charges are nonrefundable.
Limitation of Liability
MUSIATRY 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. MUSIATRY 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, MUSIATRY 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 Commonwealth of Pennsylvania, USA as those laws are applied to contracts entered into and to be performed entirely in Pennsylvania, 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 Lehigh County, Pennsylvania, 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.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect:
This notice applies to all information collected or submitted on the Musiatry website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages may be:
Name
Address
Email address
Phone number
Credit/Debit Card Information
(etc.)
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not shared with outside parties except to the extent necessary to complete that order.
From time to time Musiatry may use customer's email addresses to announce new products and special offers etc. When you provide your email address to us, you consent to the receipt of occasional unsolicited marketing emails from us. You may choose to opt-out of receiving unsolicited marketing emails from us by contacting us at [email protected] with "opt-out" in the subject line.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please email us at [email protected].