SHAR PRODUCTS CORP PURCHASE TERMS


By making any purchase, You are agreeing to these purchase terms.

Order Acceptance

All orders, including, online orders, telephone orders and preorders are not binding upon Shar Music until we accept them. Unless otherwise agreed by Shar Music, payment must be processed by Shar Music prior to an order being accepted. Shar 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.

While we will make every reasonable effort to supply you with the products included in your order, there may be occasions where we are unable to supply these products because, for example, such products are no longer being manufactured or are not currently in stock. In such circumstances we will contact you to inform you of such circumstance and may suggest alternative products that you might wish to purchase. If you accept our suggestions, then we will send you a revised order confirmation. If you do not accept our suggestions then we will cancel your order in relation to those products we cannot supply and repay you any money that you may have paid to us in respect of those products. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.

Pricing

Because prices, product descriptions and availability can change quickly, Shar Music does not warrant the accuracy or completeness of the information provided on our website, 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 our website, as your sole and exclusive remedy you may return the product, within thirty (30) days, unused and unopened, to Shar Music and you may receive a refund of your purchase price subject to the terms of our then current return policy. If any product is used, opened and/or not in new condition, Shar Music shall have the right to evaluate the condition of the Product, determine in its sole discretion whether it may (or may not) refund any of the purchase price and if the product is able to be resold, charge a restocking fee equal to 30% of the purchase price. Shar Music will have such other rights set forth in its privacy policy. Notwithstanding the foregoing, any product that is digital in nature or is delivered via e-mail or similar electronic delivery cannot be returned to Shar Music in any manner.

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, Shar 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.

Sales taxes will be payable by you at the applicable rate as indicated on your invoice. Delivery costs, where applicable, are payable by you as indicated on your Invoice.

Payment Terms–Orders

Orders through our website may be paid for using the following methods: VISA, MasterCard, American Express, Discover and Paypal. In addition to using the Shar Music shopping cart feature for orders through our website, orders can also be placed by calling Shar Music at 800.248.7427.

If you are paying by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue your invoice or on shipment of your products. We will not supply the products to you nor perform any services until your credit card issuer has authorized the use of your card for payment of the Products ordered. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation or information.

Cardholder Data/Payment Card Data is personally identifiable data about the cardholder including but not limited to:

• Account number;
• Expiration date;
• CVC2/CVV2;
• Merchant/Agent; and
• Name;

All personal and proprietary information derived from the use of any form of payment described in this paragraph shall be held by Shar Music in strictest confidence and in accordance with its Privacy Policy.

Delivery

Products will not be delivered to any address outside the United States of America and Canada. We will deliver your products to the delivery address as shown on your Order Form. Risk of loss in your products will pass to you upon our delivery of the products.

Limited Warranty

All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product.

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

Limitation of Liability and Notice to New Jersey Residents

SHAR MUSIC 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 FOR FAILING TO PROVIDE SERVICES AND/OR SUPPORT. SHAR MUSIC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF IT IS 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, SHAR MUSIC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.

No provision in these Purchase Terms shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Shar Music’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); and (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm).

NEW JERSEY RESIDENTS: With respect to these Purchase Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

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 Purchase Terms shall for all purposes be governed by and interpreted in accordance with federal law and the laws of the State of Michigan as those laws are applied to contracts entered into and to be performed entirely in Michigan, without regard to conflicts of law provisions.

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.

California Prop 65 Notice

WARNING – This product may contain a chemical known to the state of California to cause cancer, or birth defects or other reproductive harm.

Entire Agreement

In these Purchase Terms, the terms "Shar Music," "we," "our," and "us" refer to Shar Products, Corp, Other than as specifically provided in any separate written purchase agreement between you and Shar Music, these Purchase Terms apply to all of your Shar Music purchases, including, but not limited to, those made in-store, from the website at www.sharmusic.com, and any other website owned or operated by Shar Products Corp which direct the user to these Purchase Terms. Collectively.

Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees is only for informational purposes. No such information constitutes an offer by us to supply or sell any products.

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 Shar Music.

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