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LP TUNES® Terms and Conditions

LP Tunes Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of LP Tunes®. The collective work includes works that are licensed to LP Tunes. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with LP Tunes or purchasing LP Tunes products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with LP Tunes or to purchase LP Tunes products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by LP Tunes. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of LP Tunes used in the site are trademarks or registered trademarks of LP Tunes.

Order Acceptance by LP Tunes and Acceptance of This Agreement by Customer
All orders placed by Customer with LP Tunes shall be subject to acceptance or cancellation by LP Tunes at anytime. By placing an order with LP Tunes, Customer acknowledges that he/she has read the policies, is aware of and fully accepts these terms and conditions.

Pricing Policy
For all products, LP Tunes reserves the right to adjust prices at any time prior to or after an order due to errors, omissions, unavailability, out of stock, out of inventory or changing market conditions. If you order a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that LP Tunes inadvertently ships an order based on a pricing error, we will issue a revised invoice for the correct price and contact the Customer to obtain your authorization for the additional charge, or assist the Customer with returning the product. If the pricing error results in an overcharge, LP Tunes will credit Customer's account for the amount overcharged. Product descriptions, pricing, features, specification sheets and advertisements are prepared in advance and may not reflect the latest accurate information.

LP Tunes may indicate a "0" price value for a product. It is a placeholder for out-of-stock or the price is subject to determination requiring relevant information to be supplied by the customer.

Products Updates, Revisions and Availability
LP Tunes continually updates and revises products. Products are subject to availability. LP Tunes does not guarantee product availability and may revise, discontinue or refuse to sell any product(s) at any time at its sole discretion. Variations from what is shipped and what is described in marketing materials (product descriptions, ads, catalogs, specification sheets, documentations, etc.) are possible and can occur.

Payment Terms
The terms of payment are determined at LP Tunes's sole discretion. LP Tunes accepts MasterCard, Visa, American Express, Discover, Paypal, Checks, Money Order, Bank Drafts and Wire Transfers. The terms of payment must be agreed upon prior to acceptance of an order by LP Tunes. LP Tunes will usually charge credit cards upon shipment.

LP Tunes's payment terms are subject to change without notice at LP Tunes's sole discretion.

Taxes
Prices do not include any sales, local or other similar taxes. All such taxes shall be the liability of and shall be paid for by Customer.

Shipping and Handling
Product prices do not include shipping and handling. LP Tunes will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is Customer's. In the event of Product damage or loss during transit, it is the responsibility of Customer to file a claim with the carrier.

Transaction Currency
Transactions are processed in United States Dollars (US$). Foreign exchange differences and fees that may occur when a customer uses a foreign currency method of payment are the sole liability of the customer.

Order Cancellation
We can cancel and void an order for a customer as long as it has not yet been invoiced or shipped. Please provide the following information when you request for an order cancellation:

    • Order number
    • Order date
    • Customer name and address

If the order has been invoiced or shipped, obtain the tracking number(s) for the order(s) you do not want and call the shipping carrier to refuse those shipments. If unable to do so, you can also refuse the shipment at the time of delivery. You will be refunded when those items are returned to, received and inspected by LP Tunes. S&H is not refundable and a restocking fee may apply.

Returns Policy
Prior to returning any item, Customer must obtain a Return Merchandise Authorization (RMA) number. No returns, of any type, will be accepted without a RMA number. Please provide the following information when you request for a RMA number:

    • Copy of Sales Receipt
    • Nature of problem (reason for return)
    • Course of action sought on the merchandise to be returned
  • The RMA number must appear on top of the box or on return shipping label. A RMA number is valid for fifteen (15) days from issue date.
  • Special Ordered items are purchased by the customer under NO REFUND, NO EXCHANGE policy. Item description will state 'Special Order' on the sales receipt or invoice.
  • Cross shipments are considered as new order and are charged at the full price of the product and a non-refundable shipping and handling charge.
  • Restocking Processing Fee: For belts and all other merchandise, a 20% restocking will be charged if returned as new within 20 days. For cartridges and styli, a 30% restocking fee, based on the original purchase price or current purchase price whichever is lower, will be charged if returned as new within 20 days. Shipping and Handling is not part of the purchase price and is not refundable. MINIMUM RETURN RESTOCKING PROCESSING FEE FOR ANY REFUND OR CREDIT IS $10.00 No refund will be issued after 20 days or if the product is returned damaged, abused, used or incomplete.
  • Defective Return: Defective return will be for repair or replacement only, at LP Tunes' sole discretion; otherwise a request for refund will be subject to applicable restocking fee stated above. All defective merchandise must be returned in its entirety including packing material, manuals and all other accessories within twenty (20) days of the invoice date.
  • All returned merchandise is inspected and tested. If the returned merchandise upon inspection is determined to be defective it will be repaired or replaced at the LP Tunes' discretion. If the returned merchandise upon inspection is determined NOT to be defective it will be returned to the customer at the customer's expense.
  • All shipping and insurance charges on all returns must be prepaid by the customer. NO COD'S WILL BE ACCEPTED.
  • All returns for credit or exchange must be done within twenty (20) days of the invoice date.
  • All returns for credit must be in resalable, as new condition, include original packing material, manuals and all other accessories provided upon original delivery.
  • All returns for refund on belts will be at eighty percent (80%) of the original purchase price or eighty percent (80%) of current market price, whichever is lower. All returns for refund on cartridges and styli will be at seventy percent (70%) of the original purchase price or seventy percent (70%) of current offered price, whichever is lower. Shipping and Handling are not part of the purchase price and are not refundable. THE MINIMUM RETURN RESTOCKING PROCESSING FEE FOR ANY REFUND OR CREDIT IS $10.00
  • Packages refused at the time of delivery will be considered a return and subject to the previously stated restocking processing fee.
  • Customer agrees to read product descriptions linked to product heading and models. All product-related questions including compatibility to existing set-up must be initiated and resolved prior to the order placement by Customer.

Warranty Disclaimer
LP TUNES makes no warranties except those expressly stated by the manufacturer in their warranty cards included with specific products. LP TUNES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE.

Limitation of Liability
A PARTY'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND LP TUNES arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, LP Tunes' advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA USA, WITHOUT REGARD TO CONFLICTS OF LAW, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS AND NOT BY THE 1908 U.N. CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS.

Binding Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND LP TUNES arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), LP Tunes' advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall prevail. The arbitration will be limited solely to the dispute or controversy between customer and LP Tunes. NEITHER CUSTOMER NOR LP TUNES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.

Any cause of action or claim Customer may have with respect to the site (including but not limited to the purchase of LP Tunes products) must be commenced within one (1) year after the claim or cause of action arises. LP Tunes's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. LP Tunes may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LP Tunes or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
LP Tunes does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, LP Tunes is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, LP Tunes reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to LP Tunes in its sole discretion.

Notice
LP Tunes may deliver notice to Customer by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to LP Tunes.

Indemnification
You agree to indemnify, defend, and hold harmless LP Tunes, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, LP Tunes may link to sites operated by third parties. However, even if the third party is affiliated with LP Tunes, LP Tunes has no control over these linked sites, all of which have separate privacy and data collection practices, independent of LP Tunes. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, LP Tunes seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by LP Tunes without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, and Indemnification shall survive any termination.