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| Gottschalk's Music Center Purchase Terms and Conditions Entire Agreement Other than as specifically provided in any separate formal purchase agreement between you and Gottschalk's Music Center, these terms and conditions (this "Agreement") apply to all of your online purchases from the website at www.gottschalks-music.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 Gottschalk's Music Center. 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 Gottschalk's Music Center until accepted by Gottschalk's Music Center. We reserve the right to refuse service to anyone. Gottschalk's Music Center will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you. Pricing Because prices, product descriptions, and availability can change quickly, Gottschalk's Music Center does not warrant the accuracy or completeness of the information provided on the Site. List Price is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than List Price and, for any given product, no sales may have occurred at List Price. List Price is a benchmark to compare our discounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time. Although we periodically update the List Prices in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us. Please contact the manufacturer of a specific product for the most up–to–date List Price information. List Prices quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than List Price and, for any given product, no sales may have occurred at List Price. Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event. Values associated with items labeled "free with purchase" are based upon list price. Payment Terms–Orders Internet orders may be paid for using the following methods: VISA, MasterCard, American Express, Discover, Gottschalk's Music Center Preferred Player Card, and PayPal. In addition to credit cards, for phone orders you may pay by Western Union Quick Collect. Just call us at 1–866–498–7882 to place your order. All non–credit–card orders are subject to a 10–business–day hold. Cash is not a payment option that we accept at this time. When your qualified purchase is charged to your Gottschalk's Music Center Preferred Player Card, no interest is assessed on your promotional purchase balance if you pay the promotional purchase balance in full by the end of your promotional period. If you do not, periodic finance charges will be assessed on the promotional purchase balance from the date of purchase. Minimum monthly payments will be required on your promotional purchase balance during and after the promotional period. If minimum monthly payments on any balances on your account are not paid when due, all special promotional terms may be terminated. Standard account terms apply to non–promotional purchases and, after the promotion ends, to your promotional purchases. For more information on the terms and conditions governing your use of your Gottschalk's Music Center Preferred Player Card, refer to your Preferred Player Card Disclosure. Limited Quantities Some products, including those identified as Hot Buys, Closeouts, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis. Shipping Charges–Taxes and Title Separate charges for shipping and handling will be shown on your order form. Most orders received before 2:00 p.m. Eastern Time, Monday through Friday, are shipped the same day! Orders placed on Saturdays, Sundays, or holidays will be processed the next business day. As a security precaution, initial orders and orders shipping to alternate addresses may be held for extended verification. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries. All items purchased from Gottschalk's Music Center 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. For more information on our shipping policies, including rates, delivery times, and delays, please refer to our online customer service page or call us at 1–866–498–7882. If required by applicable law, you will be charged for applicable sales tax on your purchase. A separate charge for these taxes will be shown on the invoice. 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: Gottschalk's Music Center Inc., 355 W. Main Street, Merced CA 95340. Gottschalk's Music Center PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gottschalk's Music Center 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. You may purchase additional warranty coverage if you pay for our Performance Guarantee. 30 Day Satisfaction Guarantee Restrictions Apply Our goal is your total satisfaction.
Exceptions to 30–day return period:
Return in Store to Avoid Shipping: To find your nearest store, visit us at www.gottschalks-music.com Abuse of Return Privileges – Our return policy is in place to ensure our customers never get stuck with a wrong piece of gear. Those who violate the spirit of our return policy by having excessive returns may be subject to limitations or suspension of return privileges. International Returns: Refer to your packing list for international return instructions. If you have questions or need assistance, please call our customer service representatives at 1-209-723-3337. Requesting a Return: Contact our experts at 1-209-723-3337 to obtain a return authorization. Online orders not being returned to a retail location will be shipped to: Gottschalk's Music Center (Your RA #) 355 W. Main Street Merced, CA 9540 Limitation of Liability Gottschalk's Music Center 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. Gottschalk's Music Center 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, Gottschalk's Music Center 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 Merced County, California, 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. *Restrictions: Due to certain legal and health restrictions, computer software (copyright legislation mandates no returns on opened software), books, videos, opened clothing/footwear, CDs, harmonicas, internal earphones, earplugs, and microphones are exempt from this policy. Computers, DJ cartridges and styli, fog fluid, cleaning products, vintage items, demo gear, opened strings, and tubes are also exempt as are any items special ordered from a manufacturer for a specific customer. WARNING – This product may contain a chemical known to the state of California to cause cancer, or birth defects or other reproductive harm. |