Terms & Conditions

The Music Mart website at www.musicmart.biz (the "Site") is a copyrighted work belonging to The Music Mart. The Music Mart grants you the right to use the Site subject to the terms and conditions of use ("Terms and Conditions") set forth below. Other than as specifically provided in any separate formal purchase agreement between you and The Music Mart, these terms and conditions apply to all of your online purchases from the website 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 The Music Mart. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.

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 The Music Mart until accepted by The Music Mart. We reserve the right to refuse service to anyone. The Music Mart will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.

License

Subject to these Terms of Use, The Music Mart grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the The Music Mart server. You are not granted any right to use The Music Mart trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of The Music Mart.

Modification

The Music Mart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that The Music Mart will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Secured Areas

Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.

Mailings

By submitting your name, email address, and any other personal information to The Music Mart, you hereby grant The Music Mart, subject to The Music Mart's Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about The Music Mart products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.

Submissions

All remarks, suggestions, ideas, graphics, data, personal information, resumés, questions or other information communicated to The Music Mart through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of The Music Mart. Unless otherwise specified in our Privacy Policy, The Music Mart will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future The Music Mart services or operations. Without limitation, The Music Mart will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not The Music Mart, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

Site Use Rules

Our Site may only be used for lawful purposes. The Music Mart specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:

1. Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
2. Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
3. Deleting or revising any material posted by any other person or entity;
4. If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
5. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
6. Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.

We do not knowingly collect identifiable information from anyone under thirteen years of age.

Registration and Passwords

If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. 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.

Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.

Accuracy of Content and Pricing Information

Because prices, product descriptions and availability can change quickly, The Music Mart does not warrant the accuracy or completeness of the information provided on the Site. Also, The Music Mart may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall The Music Mart 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 does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to The Music Mart and receive a refund of your purchase price.

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 prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items on our website may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, The Music Mart will take one of the following options: (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 it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.

For shipping, cancellation, and other ordering questions, please refer to our online customer service page.

Payment Terms–Orders

Internet orders may be paid for using the following methods: Direct Bank Deposit, Cheque, VISA and MasterCard. Just call us at 1–876–926–4867 to place your order. Credit Card transactions are processed at the physical store location and must be accompanied by a completed and signed Credit Card Authorization form. Orders paid for using Direct Bank Deposit will not be shipped until proof of deposit is received and until cheques have been cleared by the bank. Cash on Delivery is not a payment option that we accept at this time.

Limited Quantities

Some products, including those identified as Hot Buys, Closeouts, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.

Shipping Charges–Taxes and Title

Separate charges for shipping and handling will be shown on your order form. Most orders received, Monday through Friday, are shipped within two days. 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 The Music Mart 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 1–876–926–4867.

If required by applicable law, you will be charged for applicable sales tax on your purchase. A separate charge for these taxes will be shown on the invoice. 

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: The Music Mart Ltd., 8 South Avenue, Kingston 10, Jamaica W.I.

THE MUSIC MART PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MUSIC MART 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.

Disclaimer of Warranties

THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE MUSIC MART EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

Limitation of Liability

IN NO EVENT SHALL THE MUSIC MART 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, WHETHER OR NOT THE MUSIC MART HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE. THE MUSIC MART TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

THE MUSIC MART 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. THE MUSIC MART 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, THE MUSIC MART 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.

Copyright

The Site and the Materials are copyrighted works of The Music Mart and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of The Music Mart.


Trademarks

The Music Mart Ltd., and MusicMartJm.com are trademarks and/or registered trademarks of The Music Mart, Inc. All other product names mentioned herein are the trademarks of their respective owners.

THESE ONLINE PUBLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THIS PUBLICATION MAY INCLUDE TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES ARE CONSTANTLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE PUBLICATION. THE MUSIC MART LTD., MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) DESCRIBED ON THESE WEBSITES AT ANY TIME.

For further information on Intellectual Property matters contact The Music Mart, Ltd., at 8 South Avenue, Kingston 10, Jamaica W.I. For questions or technical problems regarding this service, please contact the webmaster.

MusicMartJm.com is brought to you by The Music Mart, Inc.

Amendment

The Music Mart may at any time revise these Terms and Conditionsby updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms and Conditionsby which you are bound. Certain provisions of these Terms and Conditionsmay be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Notice

If you have any questions about these Terms and Conditionsor our Privacy Policy, you may contact The Music Mart at:

The Music Mart
8 South Avenue
Kingston 10,

Jamaica W.I.

General

If any provision of these Terms and Conditions are held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of Jamaica as those laws are applied to contracts entered into and to be performed entirely in Jamaica, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms and Conditions shall be commenced exclusively in the courts of Jamaica, 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.