PLEASE READ THESE GILMORE MUSIC PURCHASE TERMS (“PURCHASE TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.
BY MAKING ANY PURCHASE, YOU ARE AGREEING TO THESE PURCHASE TERMS.
In these Purchase Terms, the terms “Gilmore Music,” “we,” “our,” and “us” refer to Gilmore Music, Inc. Other than as specifically provided in any separate written purchase agreement between you and Gilmore Music, these Purchase Terms apply to all of your Gilmore Music purchases, including, but not limited to, those made in-store, from the website at gilmoremusicstore.com and any other website or mobile application owned or operated by Gilmore Music, Inc. which direct the user to these Purchase Terms. Collectively, we refer to gilmoremusicstore.com, which refers its users to these Purchase Terms as the “Site.”
These Purchase Terms may NOT be altered, supplemented or amended by you through the use of any other document(s). Any attempt to alter, supplement or amend these Purchase Terms 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 Gilmore Music.
Order Acceptance
All orders, including, online orders, telephone orders and preorders for limited availability products are not binding upon Gilmore Music until we accept them. Unless otherwise agreed by Gilmore Music, payment must be processed by Gilmore Music prior to an order being accepted. Gilmore Music will communicate its acceptance of an order by acknowledging your order by reply email then processing your payment and shipping the item(s) ordered to you or by processing your payment in-store and providing the item(s) ordered to you. We reserve the right to refuse to provide products or services to anyone.
Pricing
Because prices, product descriptions and availability can change quickly, Gilmore Music does not warrant the accuracy or completeness of the information provided on the Site, in our stores or in written materials and is not responsible for pricing, typographical or other errors.
If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Gilmore Music and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent price displayed on each 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 prices shown at that time. Prices are reserved only by placing an order.
In the event of a pricing error, Gilmore Music will do one of the following: (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. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return your purchase in accordance with our Return Policy. Discounts are limited-time offers and are not valid with other offers.
The Site or other written material may from time to time identify a List Price or MSRP for a product. List Price or MSRP is the suggested retail selling price of a product provided to us by the manufacturer. We may commonly sell products at prices lower than List Price/MSRP, and, for any given product, no sales may have occurred at List Price/MSRP.
Whether other retailers sell at List Price/MSRP will vary by product, geographic location, type of store and over time.
To the extent we reference List Price/MSRP, we try to update the List Prices/MSRPs in our printed materials and on our Site as we receive them. However, in some cases, the manufacturer may change a List Price/MSRP without notice to us.
Please contact the manufacturer of a specific product for the most up-to-date List Price/MSRP information.
List Price/MSRP also may be quoted for house or private label brands and such references are developed internally taking into consideration comparable name brand products. We may commonly sell such products at prices lower than List Price/MSRP, and, for any given product, no sales may have occurred at List Price/MSRP.
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 regular selling price.
Payment Terms–Orders
Orders through the Site may be paid for using the following methods: VISA, MasterCard, American Express, Discover and Gilmore Music gift cards. In addition to using the Gilmore Music shopping cart feature for orders through the Site, orders can also be placed by calling Gilmore Music at 562-542-0524 or using PayPal. All online or phone non-credit card orders are subject to a 10-business-day hold.
Repair Disclaimer
We are committed to making the repair process as easy as possible for our customers. Gilmore Music provides repair services through a variety of methods including: in-store repair facilities; and, at times, we may refer you to a local independent repair service center. In any case, Gilmore Music accepts no responsibility for loss or damage to any customer owned merchandise which was not directly caused by our repairs or handling. The customer is fully responsible for all charges incurred, including but not limited to, freight to and from the repair service center, parts, labor, local tax, handling fee and surcharge/estimated fee (if any). Merchandise not picked up (and paid for) within 90 days after notification (using the contact information provided to us) of completed repairs will be considered abandoned by Gilmore Music.
Rental Terms and Conditions
In exchange for the rental of the “Rental Items” as shown on your receipt, you agree to these Gilmore Music Rental Terms and Conditions (the “Terms”). The “Rental Fee” shown on your receipt is due in full before you pick up the Rental Items. The “Rental Term” runs from when you accept the Rental Items until the “Rental Return Date” shown on your receipt, and in all cases must be less than four months. If you want to keep using the Rental Items beyond the Rental Return Date, you must come back into the store and sign another rental ticket. You cannot extend the Rental Term over the phone, via email, text or any other way except by signing another rental ticket in the store. You agree to return the Rental Items in the same condition as when you pick them up, normal wear and tear excluded. You are responsible for any loss or theft of the Rental Items between the time of pick up and the time of return. You are responsible for any damage or malfunction of the Rental Items during the Rental Term unless you choose our optional Liability Damage Waiver, shown on the receipt as “Rental LDW.” You cannot sublease or loan the Rental Items to anyone.
There is no Ownership Option and no Refunds
Late Fees: If you return the Rental Items after the Rental Return Date, you agree to pay additional rental fees for each full or partial day at the “Daily Rate for Late Rentals” as shown on your receipt.
Unreturned or Damaged Rental Items: In addition to paying Rental Fees and additional rental fees, you agree to pay the replacement value (shown as “EXT.AMT” or “Value” on your receipt) of Rental Items that are not returned within two days after the Rental Return Date or that are returned in a damaged, incomplete or inoperable condition.
Security Deposit: In addition to a credit card authorization, you agree to allow us to charge and hold a security deposit for the Rental Items, shown on your receipt as the “Rental Deposit.” This charge is security against loss or damage of the Rental Items or non-payment of any fees. We will return the Rental Deposit, less any amounts you owe us, within three days after the Rental Items have been returned to us.
Unpaid Sums and Remedies: You agree that we may charge your credit card and the Rental Deposit for any unpaid sums you incur under the Terms. If you do not pay all amounts you owe us, we shall have all legal and equitable rights and remedies to collect all amounts due to us and to recover the Rental Items. These rights and remedies may include some or all of the following: $50 repossession fee, a 20% third party debt collection fee, the Daily Rate for Late Rentals, plus a $15 third party administrative collection fee if we turn your account over to a debt collection agency. You also agree to pay for all costs of recovery for repossession and collection of damages for unpaid sums, including attorneys’ fees, court costs and other expenses we incur to collect amounts due us or to recover the Rental Items, as permitted by law
Authorization: You authorize us to charge your credit card for any unpaid sums, whether or not you are present when we charge the card.
No Liability; Limitation of Liability; Indemnity: We are not responsible for, and accept no liability for, injuries, faulty performance of, or failure of the Rental Items to perform as desired. We are not responsible for training you to properly use the Rental Items. You agree to accept the Rental Items “as-is” and with no warranties of any kind. You agree that we are not responsible for any losses or damage, including consequential, incidental, direct and the like, even if we have reason to know of the likelihood of such damages. In any event and under all circumstances, our maximum liability to you under the Terms is for the Rental Fee. It is your responsibility to check the Rental Items for suitable condition and operability prior to leaving the store. You assume the risks of and agree to hold us harmless from all property damage and personal injuries caused by the Rental Items, where permitted by law.
Liability Damage Waiver (“Rental LDW”): You are not required to purchase a liability damage waiver, but it is recommended. If you choose this option by paying the Rental LDW fee shown on your receipt and are not in default of these Terms, you will not be liable for loss of or damage to the Rental Items due to, fire, power surges and Acts of God (such as wind, hail, and flood). We will not replace the Rental Items and all payments made prior to the date of loss or damage are not refundable or transferable. If you claim a Rental LDW loss, you agree that we are subrogated to all of your rights under any insurance that applies. The Rental LDW covers certain repairs at no charge to you unless the damage is due to your willful act or negligence, in which case our standard repair rates apply. The Rental LDW does not include theft, maintenance (such as restrings, tuning and setups, tune ups, drum head replacement and tuning) or damage to finishes, cosmetic damage to cases, case feet and string breakage which occurs after 14 days following the rental pickup date. All repairs must be processed through the Gilmore Music Store. You can choose the Rental LDW at the time of the rental transaction and you cannot add it later. Rental LDW may not be available on all types of Rental Items.
Lessons Terms and Conditions
LESSON SERVICES. This Student Enrollment Agreement sets forth the terms and conditions of your purchase of instructional services from Gilmore Music, Inc. (“Gilmore Music”).
Individual Lessons.The recurring tuition fee provides students with individual weekly lessons per month.
TUITION. Tuition and registration fee are due at the time of purchase, in advance, for the following four lessons. After purchasing your first lessons package, your next subsequent lesson tuition will be billed twenty-two (22) calendar days after the date of your first lesson. Thereafter, lessons tuition is billed every four weeks. For example: A student that takes their first lesson on January 12th will be billed their next lesson tuition 22 days from January 12 (i.e., February 3) and every four-weeks starting from February 3 moving forward. Tuition does not include curriculum and materials costs. We may increase monthly fees in future months upon 30 days’ written notice.
Tuition fees may be refunded in full prior to the delivery of any instructional services, with written notice received within 24 hours of your initial registration date (which may be provided at the designated email address).
AUTHORIZATION. I hereby authorize Gilmore Music, or any of its affiliate companies, to effect payment for approved monthly fees and charges for the duration of monthly lessons through credit card automatic billing which will be billed per these terms and conditions. This authorization is to remain in full effect until Gilmore Music has received written notification of cancellation (which may be provided by email at the designated email address).
REGULAR ATTENDANCE is critical to the success of lessons. Please plan to attend all lessons and arrive on time and prepared.
CANCELLATION/RESCHEDULE POLICY. To cancel or reschedule a lesson at no cost, you must provide at least 24 hours prior notice. We will reschedule your lesson subject to instructor availability. If you do not show up for a lesson or if you do not provide adequate notice, you will be charged for the missed lesson. In order to encourage attendance and the use of lessons, all unused lessons will expire and be forfeited ninety (90) days after purchase. There will be no refunds or cash redemption available for expired unused lessons.
To cancel your enrollment, and to terminate your lessons, you must provide written notice to store management, which may be provided by email (at the designated email address), prior to the upcoming billing date of the subsequent month. Termination is effective on the date of notice. In the case of enrollment cancellation, all lesson tuition fees paid are non-refundable and any unpaid fees are immediately due. All unused lessons for canceled enrollment accounts will expire and be forfeited thirty (30) days from the date of notice of cancellation. There will be no refunds or cash redemption available for expired unused lessons for canceled enrollment accounts.
Gilmore Music may, at its option, cancel your enrollment if you (a) do not make timely payments; (b) you fail to show up without notice for 2 consecutive lessons; (c) your conduct is rude, improper, or harmful; or (d) you have not taken a lesson or completed your registration for 90 days.
POLICIES FOR MINORS. Communications between Gilmore Music staff and with minor students should only be on site, at the facility, within Gilmore Music systems, and directly related to instruction. Any other communication should be between the adult parent/guardian of any minor student and Gilmore Music staff through Gilmore Music operated phones, and proper email addresses through Gilmore Music. An adult parent or guardian must accompany any student under 12 years of age upon arrival and departure from every in-store lesson.