Musician's Friend Purchase Terms and Conditions

Entire Agreement

Other than as specifically provided in any separate formal purchase agreement between you and Musician's Friend, these terms and conditions (this “Agreement”) apply to all of your online purchases from the website at www.musiciansfriend.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 Musician's Friend.

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 Musician's Friend until accepted by Musician's Friend. We reserve the right to refuse service to anyone. Musician's Friend 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, Musician's Friend does not warrant the accuracy or completeness of the information provided on the Site. For more on our pricing policies, please refer to our Site Terms of Use.

MSRP is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than MSRP and, for any given product, no sales may have occurred at MSRP.

MSRP is a benchmark to compare our discounts from MSRP to pricing offered by other retailers. Whether other retailers sell at MSRP will vary by product, geographic location, type of store, and over time.

Although we periodically update the MSRP 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 MSRP information.

MSRP 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 MSRP and, for any given product, no sales may have occurred at 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 MSRP.

Payment Terms—Orders

The only payment method available for Internet orders at this time is credit card. We accept VISA, MasterCard, American Express, Discover, or Musician's Friend Platinum credit cards. In addition to credit cards, for phone or mail orders you may pay by Western Union Quick Collect, money orders, cashier's checks, and personal checks by mail. Just call us at 1-800-391-8762 to place your order, or download our mail form. 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 Musician's Friend Platinum 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 Musician's Friend Platinum Card, refer to your Platinum Card Disclosure.

Shipping Charges—Taxes and Title

Separate charges for shipping and handling will be shown on your order form. Most orders received before 5:00 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 Musician's Friend 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 1-800-391-8762 .

If applicable, a separate charge for taxes will be shown on the invoice. Currently, the only states for which we must charge sales tax are Utah, Missouri, and Washington. If you are shipping an item to any one of these states, then you will be charged the applicable local sales tax rates.

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:

Musician's Friend Inc.
931 Chevy Way
Medford, OR 97504

MUSICIAN'S FRIEND PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICIAN'S FRIEND 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 Gold Coverage warranty.

45-Day Best Price Guarantee

Buy with confidence. If you find a lower advertised price from any authorized U.S. dealer, call or email us. We'll match any verifiable advertised price before or after the sale. If you've already purchased from us and find a lower advertised price within 45 days of your purchase, contact us via phone or email and we'll refund the difference after verification.

For Internet requests, please contact us at online support and have the competing website address (preferably the specific product page URL) included for our representative. We'll verify the online pricing and product description, brand name, availability, and relative price and product specifications. Due to manufacturer restrictions, some products are excluded from this guarantee. Please ask a sales representative for details or contact us at online support. Advertised items must be factory-sealed new product. Demo models, factory seconds, sale items, discontinued merchandise, and floor samples not included. Items must be advertised, and verifiable on the web or in a local or national paper, magazine, or catalog by an authorized dealer (you may be required to email or fax a copy of the competitor's offer). Musician's Friend will match combined or multiple offers at its sole discretion.

45-Day 100% Satisfaction Guarantee

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. We give you 45 days from the shipping date. That's the best guarantee in the music industry.

Musician's Friend only accepts returns made within the first 45 days from shipment. Should you find it necessary to return any merchandise, it must be shipped within this 45-day guarantee period. Please follow the return instructions printed on the back of your invoice. All returned items must include a Return Authorization Number, 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 subject to a 15% restocking fee. Credit card returns are issued a credit for purchase price. Refunds are made for product value only, excluding shipping and handling charges.

Should you find it necessary to make a return, please follow the steps printed on the back of your invoice and pack your return carefully to prevent damage in shipment. Send your return to:

Musician's Friend
Return Doors 107 & 108
4001 NORFLEET
Kansas City, MO 64161-9231

Please be sure to include your Return Authorization Number on the shipping label.

The following items are nonreturnable except for defects: opened or used sets of strings, boxes of reeds, computer software, Apple products, soundcards, tubes, internal earphones, earplugs, traditional and ethnic wind instruments, harmonicas, raw-frame speakers, pickups that have been installed, drumheads and sticks, turntable cartridges, washed or worn clothing and footwear, body jewelry, books, cassettes, CDs, DVDs, and videos. Returned mouthpieces incur a sterilization fee.

For complete details on our guarantees, shipping, and return policies, please contact our Customer Service Department at 1-800-776-5173; fax us at 1-541-776-1370; or write us at Musician's Friend, P.O. Box 4370, Medford, OR 97501.

Limitation of Liability

MUSICIAN'S FRIEND 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. MUSICIAN'S FRIEND 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, MUSICIAN'S FRIEND 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 Oregon as those laws are applied to contracts entered into and to be performed entirely in Oregon, 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 Jackson County, Oregon, 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.