Terms and Conditions
All sales made to any purchaser (“you” or “your”) for any products offered by Music Intelligence Project, LLC d/b/a The Tuneables (“we”, “us” or “our”) on the www.thetuneables.com website (the “Website”) are subject to the following Terms and Conditions of Sale:
1. Contract Formation
We will treat each order for any products offered for sale on the Website (the “Products”) as an offer by you to purchase the Products subject to these Terms and Conditions of Sale. YOU ARE NOT AUTHORIZED TO PURCHASE ANY OF OUR PRODUCTS UNLESS YOU ARE IN AGREEMENT WITH ALL OF THESE TERMS OF CONDITIONS OF SALE, WHICH AGREEMENT WILL BECOME A BINDING LEGAL CONTRACT UPON THE CONFIRMATION OF YOUR ORDER. Each order shall be confirmed when you click on the “Submit” button on the order or check-out screen or, for purchases processed over the phone, by your verbal confirmation of the order. You do not have to be a registered user of the Website to purchase any Products. When you use the shopping cart functionality of the Website, you will have one order for one or more Products that will be authorized and billed as a single transaction when you click the “Submit” button. You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity and specification of Products set out in your order. We may refuse to accept your order for any reason, in our sole and absolute discretion, in which case you will be notified that your order has been denied. Upon the acceptance by us of any order by you, we may but are not required to send an e-mail to you confirming the receipt of your order. Even after the acceptance of your order, we reserve the right to subsequently cancel your order if your credit card, debit card or other authorized payment source is declined. If your order is denied or cancelled due to a payment declination, please ensure that all of the relevant data is correct and attempt to resubmit your order for approval if you feel that an error was made. If the payment is still declined, whether it is due to an insufficient balance or otherwise, you should contact your credit card company, debit card company or other payment source to attempt to resolve the problem.
We do not promise or warrant that any of the Products are necessarily available for purchase. ALL PRODUCTS OFFERED FOR SALE ON THIS WEBSITE ARE SUBJECT TO AVAILABILITY. Any quantities given on the Website are approximate. If, on receipt of your order, any of the Products you have ordered are not in stock, we will inform you of their non-availability and will refund or give you a credit for any sums you have paid for such Products.
3. Purchase Price; Sales Taxes
The purchase price of the Products shall be the price listed on the Website at the time of your order, exclusive of any sales tax. With respect to sales made to users located in the State of Connecticut, as determined by their payment and/or delivery addresses and other applicable information that may be available, the sales tax will automatically be charged to the price at the time of the order. For users not located within the State of Connecticut, please be advised that even though we do not charge you for any sales taxes in connection with your order, you still are responsible for paying your state (or other appropriate governmental entity for users located outside of the United States) for any sales and/or use taxes that are payable. No users are eligible for tax exemptions for purchases of our Products. In addition to the price, you may be required to pay a delivery charge for the goods (details of which will be listed on the Website). All prices displayed on the Website are quoted in U.S. Dollars and must be paid in full at the time of your order, including delivery charges, except where applicable discounts may be offered as detailed on the Website. We reserve the right to change the prices of the Products at any time, and do not provide price protection or refunds in the event of a price drop or promotional offering.
We accept payments through Pay Pal Pro only. Currently, Pay Pal Pro accepts payments from MasterCard, Visa, Discover or American Express. Any orders placed over the phone will be processed through the Pay Pal Pro website. We do not accept, and have the right to cancel after acceptance, any payments that are made in violation of Pay Pal Pro’s payment policies. We do not offer any credit facilities, so the Products will not be delivered to you if your order is not paid in full at the time of your order. If we have to incur any costs or expenses, including but not limited to its reasonable attorneys’ fees and costs of suit, in order to collect or recover any payments from you for any reason, including any declination of your payment source or chargeback request made by you after an order is confirmed and/or delivered, you hereby agree to reimburse us for any and all such costs or expenses. All payments must be made in United States currency only.
5. No Cancellation
All purchases are final at the time that you click the “Submit” button on the order or check-out screen in order to purchase any of the Products. As a result, you do not have the right to cancel your order of any of the Products for any reason after the purchase becomes final. Notwithstanding the foregoing, in the event that any of the Products becomes unavailable following the acceptance of your order, your sole remedy shall be a refund of or a credit for the purchase price paid for any such unavailable Products.
We may make some of our Products available for pre-ordering as a courtesy to you. By pre-ordering the Products, you are authorizing us to complete the purchasing of the Products at the time of pre-ordering and to deliver the Products to you when they become available. Although we do not guarantee delivery time when our Products are pre-ordered, we estimate that they will be shipped to you within 4-6 weeks of the pre-ordering, which estimate may be subject to revision for any given Product as listed on the Website. We order the production and manufacture of our Products based on the amount of pre-orders we receive. For this reason, all pre-order purchases are final at the time you click the “Submit” button on the order or check-out screen in order to purchase any of the Products and they shall be subject to all of the terms of Paragraph 5 above once such pre-order purchases become final.
Any estimates for delivery listed in these Terms and Conditions of Sale or on the Website are approximate only and we shall not be liable for any delay in delivery of the Products howsoever caused. Risk of damage to or loss of and title to the Products shall pass to you at the time of delivery. You must give us notice of any damaged or missing Products from your order within five (5) days after receipt otherwise you will lose all rights to have such Products redelivered to you or to receive a refund of or a credit for such Products. If delivery of the Products cannot be completed as a result of any refusal or failure by you to accept delivery, we will have the option to store and arrange for the insurance of the Products upon written notice to you (which notice may be sent by e-mail), at which time the risk of loss shall pass to you, delivery shall be deemed to have occurred and you shall be responsible for paying all costs and expenses incurred by us, including but not limited to any storage and insurance charges.
8. Representations and Warranties
You represent and warrant that: (a) the credit card, debit card and other payment source information you supply is true, correct and complete in all respects; (b) all charges incurred by you will be honored by your credit card company, debit card company or other authorized payment source; © you will be responsible for paying all charges you incur for the purchase of the Products, including all fees, even if the charges are not honored by your credit card company, debit card company or other authorized payment source; and (d) if you become aware of any dispute or other matter that will or may affect the processing of your purchase of any of the Products you agree to notify us immediately by contacting us at: email@example.com or the customer service department at 855-266-4500.
9. Customer Service
For assistance with any billing questions or other inquiries related to these Products, please contact us at: firstname.lastname@example.org or the customer service department at 855-266-4500.
10. E-commerce Policy
We are NOT responsible for ordering errors made by you when using this Website or any of its features, including but not limited to the shopping cart feature. Be sure to check your order and follow the appropriate directions BEFORE ordering. We are only responsible to fill the orders we receive.
12. Precondition to Purchase of Products
Your ability to purchase any of the Products from this Website is preconditioned upon your acceptance of all of the Terms and Conditions of Sale, which acceptance shall be deemed when you click the “Submit” button to confirm your order and finalize the purchase.
13. Copyright and Trademark
Copyright by ©2011 Music Intelligence Project, LLC. MUSIC INTELLIGENCE PROJECT™ and THE TUNEABLES™, alone and with accompanying designs, are trademarks owned by Music Intelligence Project, LLC. This product (including its soundtrack) is authorized for sale in U.S.A only. This product is authorized for private use only. All other rights reserved. Any unauthorized reproduction, exhibition, export, sale, distribution, or other use of this product or any part of it is strictly prohibited.