THIS IS A LEGAL AGREEMENT BETWEEN YOU AND All You Need Music STATING THE TERMS THAT GOVERN YOUR USE OF THE STORE SERVICE (the “Service”). THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND All You Need Music. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND All You Need Music MAY REFUSE ACCESS TO THE STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Age requirement. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. All You Need Music may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that All You Need Music may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account. All users agree not to use our Site, for any of the following :
- Deleting or revising any material posted by All You Need Music or any other person or entity;
- Manipulating the price of any item or interfering with our site;
- Modify, reproduce or distribute content from our site and our copyrights or trade-marks;
- If you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third party or using your password for any unauthorized purpose;
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- If you are not able to enter into legally binding contracts, are not of legal age of majority or are temporarily or permanently suspended from our web site;
4. Pricing and Product Availability. Prices and availability of any Products are subject to change at any time without prior notice to you. All You Need Music does not warrant the accuracy or completeness of the information provided on the Site. Information on this Site is periodically updated, but it may contain technical, typographical or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing or availability) and may not be complete or current the moment you visit this site.
In no event shall All You Need Music or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this site. If a product you purchase or rent does not match the description on the site, as your sole and exclusive remedy you may return the product, unused, to All You Need Music and receive a refund of your purchase price.
From time to time, despite our efforts, a small number of the items in our catalog may be wrongly priced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, All You Need Music will take one of the following actions: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience.
Discounts are limited-time offers and are not valid with other offers. Some products may be limited to stock on hand and are offered on a first come, first served basis.
The 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 the List Price. 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.
5. Purchasing Policy. Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current price shown at that time, and prices are reserved only by placing an order.
By purchasing products and/or services from the site, you agree to be bound by and accept this Agreement. Orders are not binding upon All You Need Music until accepted by All You Need Music. We reserve the right to refuse service to anyone. All You Need Music will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.
If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our Sales Return Policy and Procedure.
6. Limitation of Liability. Although we do our best to provide you with the most current and up to date information, please note that the information on our site is provided "as is". In no event shall All You Need Music be liable for any indirect, incidental special, or consequential damages of any kind, including, without limitation those resulting from loss of use, data, or profits.
7. Changes to Site. All You Need Music reserves the right at any time at its sole discretion to modify or discontinue, temporarily or permanently, the site (and any part thereof) with or without notice. You agree that All You Need Music will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site.
9. Payment Methods. The Service accepts credit cards as the form of payment. All You Need Music may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or shortly thereafter. The Service accepts the following credit cards: Visa, MasterCard, and American Express.
10. Payment for Product and Services. You agree to pay for all Products you purchase through the Service, and that All You Need Music may charge your credit card for any Products or Services, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING All You Need Music WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online. (There may be a temporary disruption of your access to the Service until All You Need Music can verify the validity of the new credit card information.)
11. General Compliance With Laws. The Service is controlled and operated by All You Need Music from its offices in Canada. You agree to comply with all local, provincial, and federal laws, statutes, and regulations that apply to your use of the Service.
12. Enforcement Of These Terms. All You Need Music reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to All You Need Music's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that All You Need Music has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as All You Need Music believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to All You Need Music's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
13. Applicable Law. The laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, provincial, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with All You Need Music or relating in any way to your use of the Service resides in the courts of Ontario.
14. Miscellaneous. These Terms and Conditions constitute the entire agreement between you and All You Need Music and govern your use of the Service, superseding any prior agreements between you and All You Need Music. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. All You Need Music's failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms and Conditions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. All You Need Music will not be responsible for failures to fulfill any obligations due to causes beyond its control. All You Need Music is not responsible for typographic errors.
All You Need Music Rental Program Terms and Conditions
1. Monthly rentals can be cancelled at any time. A one (1) month minimum is required for Academy students and a four (4) months minimum for all other renters. Customized and special order rentals always require a minimum rental period of four (4) months.
2. The start date of the rental will be indicated on the invoice emailed to you.
3. A deposit is required up front for all monthly rental contracts and is fully refundable upon return of the rental item(s) in original condition showing only expected wear and tear. All You Need Music reserves the right to withhold any portion of the deposit to cover damages beyond expected wear and tear, or to cover any late payments on the account.
4. Basic cosmetic damage beyond normal wear and tear that does not affect the functionality of the instrument, will incur a restocking fee of a minimum of 20% of the items “new” selling price. Any damage affecting the functionality of the instrument will incur a restocking fee equivalent to the total security deposit paid.
5. All You Need Music has the right to repossess the instrument if the account becomes delinquent by 30 days or more. The security deposit and any rental credit accrued will be forfeited at that time.
6. Requests to terminate monthly rentals must be sent in writing to firstname.lastname@example.org prior to the next month’s rent being charged.
7. Monthly payments will be stopped and security deposit refunded within 10 business days of receiving the returned rental instrument in store.
8. Rentals may be returned at any time, however no refunds are given for early returns.
9. The renter is responsible for paying the shipping costs to return the rental to the store. The renter may make the arrangements themselves or have the store make the arrangements on their behalf. The renter agrees to pay any shipping costs for the return out of their security deposit should the store handle the return.
10. The renter is responsible for properly packing the rental to ensure no damage results in transit. Any damage resulting from improper packaging of the rental is the responsibility of the renter.
11. Purchase your rental within the first 90 days of your rental contract and 100% of the rental payments made up to that point will be deducted from the purchase price of the item.
12. Purchase your rental between 3 and 12 months, and 50% of the rental payments made up to that point will be deducted from the purchase price of the item.
13. Return your rental and purchase a different instrument of equivalent or greater value within the first 12 months, and 50% of the rental payments made up to that point will be deducted from the purchase price of the item.
14. Rent credits accrued during the rental period can be transferred to a purchase within 7 business days of the rental being returned to the store. After 7 days, any rental credits accrued are forfeited and considered as payment for the use of the rental only and can no longer be applied to the purchase of an alternate instrument.
15. Rental credits accrued during the rental period are not transferable to a different rental contract and are forfeited once the rental instrument is returned.
16. The renter is responsible for all replacement costs should the rental instrument be lost, stolen or damaged.
17. The renter is responsible for reporting any issues with the rental within 7 days of receipt. Any issues reported during that time period will by repaired/replaced by All You Need Music at no cost to the renter.
18. All You Need Music will assume responsibility for any manufacturing defects of the rental item(s) and will make arrangements for repair or replacement at no cost to the renter (including shipping costs).
19. Normal maintenance on the rental instrument will be covered by All You need Music at no cost to the renter. The renter will be responsible for all shipping costs associated with normal maintenance repairs. All You Need Music reserves the right to determine what is considered normal maintenance.
20. All You Need Music will not reimburse the renter for any unauthorized repairs. All issues should be reported to All You Need Music prior to having any work done as this may void the warranty on the rental instrument.
21. All other damage resulting from abuse or neglect of the instrument is the responsibility of the renter.