Conditions of sale October 29th 2013 - for private customers
These conditions of sale apply for every sale of items and services (products) from Musicwebshop.com to private consumers. For other than private consumers the same conditions apply, with the exception of returns. These conditions of sale does not apply for distributors.
The conditions of sale together with your order, confirmed by an order confirmation, account for the contract basis of a purchase.
These confitions of sale (the "agreement") set forth the legally binding tems for your use of the site, services, and the sheet music, applications, and other material provided through the site. By accessing or using the site, services, or any sheet music, application, or other material provided through the site, (1) you represent that "you" are the individual that created an account on the site, (2) you are of sufficient legal age in your jurisdiction to create binding legal obligations, and (3) you acknowledge that you have read, understood, and agree to be bound by this agreement. If you cannot make any of the foregoing representations, do not access or use the sire or services or use any sheet music, application, or other material provided through the site.
In order to shop at www.musicwebshop.com you have to be at least 18 years old.
Where these conditions of sale reguire a written form we use e-mail, SMS, letters and tele-fax.
“The seller is: Musicwebshop.com - Norsk Noteservice, subject to Vigmostad & Bjørke AS, registrered in the Brønnøysund-register (www.brreg.no) with org.nr.: NO 984 234 973 MVA (VIGMOSTAD & BJØRKE AS),
Postbox 5, 0614 OSLO
Location: Breivollveien 25 H, 0668 OSLO, NORWAY
Telephone: +47 23 03 95 55,
and are hereinafter referred to as ”we” or ”us”.
The customer/buyer is: the person stated as the buyer in the order, and are hereinafter referred to as ”you”, ”your” or ”yours”.”
2. Making a purchase in the webshop
”For you to feel confident when ordering/shopping in our webshop we have described the buying process as a separate point.
§ Choose products
§ Shopping basket
§ Choice of shipping- and payment-method
§ Controlling the order
§ Confirmation of the order
§ Receipt of order confirmation
§ Digital sheet music.”
3. Order and contract process
”Your order is binding when the order is recorded on our server (computer). We are also bound by your order if this does not detract from what is offered by us in our webshop, marketing or any other way. You still have the right to withdraw from the purchase in accordance with the law on the right of withdrawal, see section 11.
Once we receive your order, we will confirm your order and automatically send a confirmation to you. Carefully read the confirmation after you have received it, and examine that the confirmation is in compliance with the order. Exceptions may occur, see section 4.”
4. Information provided in the webshop
”We strive to give our customers the most correct information about our products as possible. We do, however, reserve possibility of writing/printing errors, which may mean that we cannot deliver items/services according to the information available in our webshop, marketing or otherwise.
Thereof we reserve the right to cancel your order if the product is sold out. If this happens you will be notified, together with any information about what we can offer instead. You will have the opportunity to accept our new offer with the changes we set in relation to your order, or cancel the order.”
”All prices exclude VAT. Total cost of the purchase will appear before ordering and include all costs associated with the purchase, such as postage, fright, packaging etc.
Any additional taxes (use tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsover) imposed by any governmental authority, on or measured between seller and buyer shall be paid by the buyer in addition to the prices quoted. In the event seller is required to pay any such tax, fee or charge, buyer shall reimburse seller therefore; or, in lieu of such payment, buyer shall provide seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.”
”Our standard payment terms are credit card with the following options: PayPal, Visa or Mastercard."
7. Delivery and delay
The customer is responsible that the correct address and zip code is entered in the customer profile. Change of address can be done on “My Account”. The registered address will be the shipping address, but it is possible to add an alternate address for delivery if this is desired.
If there are items we cannot supply from stock, you will be notified when you add the item to your cart. This way you will have a good overview of which items can be delivered quickly, or if we have to backorder them. Stock items are usually sent within 1-5 working days after placing the order. We reserve the right for any longer delivery periods where Musicwebshop.com or the postal service has a lot of traffic. Your local post office is responsible for sending out your retrieval message. Items ordered online that are not collected, or refused received will be returned to us by the customer’s expense.
Items that we do not normally stock (special orders) can normally be sent approximately 2-4 weeks after placing the order, although we reserve the possibility of longer delivery time from some publishers. We try as best as we can to provide information about delays.
We always ship the parts of the order that we actually have in stock, and the rest of the order will be sent as soon as we have the item(s) available. You will only pay for the shipping amount once, regardless of the number of shipments when ordering online.
We provide one standard shipping option, with one exception: We normally send items as letter right home to your mailbox as long as the order is less than 1 kg.
If the delivery of your order is delayed, we will give you information as soon as we are aware of the situation, along with information about and when delivery can take place, or if the item(s) are sold out. Musicwebshop.com reserves the right to cancel your order of parts of it if the item(s) are sold out. If this occurs you will be notified of it, together with any information about what we can offer instead if it is desired. You will have the opportunity to accept our new offer with the changes we set in relation to your order. ”
8. Examination of the products
”After you have received the products you should as soon as you have the opportunity, check if the delivery is in accordance with the order confirmation, if the item(s) has been damaged during transport, or any other defects or deficiencies.”
9. Your rights in case of defects (complaints)
”In the circumstances where the products have defects or deficiencies you have the right require correction of the defect, replacement, price reduction, your money back or cancellation of the purchase. The defect must be present when you receive the products in your possession. Defects noticed within six months after receiving the products shall however normally be considered an error that occurred before you received the product(s). Notification of defects in products may be delivered to us verbally or in writing. This must occur within a reasonable time after you discovered the defect. You will always have a two month warranty. We recommend that you provide evidence of the defects at the time the complaint is submitted. We will confirm that we have received the complaint in writing. We will also confirm that we have received product(s) that were sent back to us or our service workshop for inspection in writing. Your right to complain lasts for two years after receiving the order, or five years if the product is ment to last considerably longer than two years. The right of complaint comes in addition to the right of cancellation in section 11. ”
”Our warranty does not imply any restrictions on the warranty for goods by consumer law. The warranty period last for two years after the order has been acquired, or five years if the product is supposed to last considerably longer than two years. See section 9.”
We warrant that our products shall conform to the description of such products as provided to you through information on our webshop, our catalogues or other literature. This warranty is exclusive, and we make no other warranty, express or implied. Our warranty made in connection to sales shall not be effective if we have determined, in its sole discretion, that the buyer has misused the product(s) in any manner.
Our sole and exclusive liability and your exclusive remedy with respect to products proved by us to be defective or nonconforming shall be replaced without charge or refund of the purchace price, in our sole discretion, upon the retun of such products in accordance to our instructions. We are not, in any event, liable for incidental, consequental or special damages of any kind resulting from any use of the product(s). All claims must be brought within one (1) year of shipment, regardless of their nature.
”You have the right to cancel your purchase. This right includes items and certain services (see exceptions further down). The right of cancellation assumes that you have provided us with notice within 14 days after receiving your order. You may return products within 30 days of delivery. Be sure to include the order confirmation/receipt in your package.
In order for the cancellation to be applicable, the product(s) must be delivered to us in the same quantity or condition as you received it. All products must be returned to us within a reasonable time. Any return shipping must be paid by you. We do take the risk of transit back to us. We are obligated to pay back what you have paid for, including postage for shipment to you, handling fee, customs fees etc.
Repayment will take place within 14 days after we receive the product(s) from you, as well as the order confirmation/receipt. The return is sent to us in the original packing if possible. The right of cancellation does not apply to CDs, DVDs and computer programs when the seal of the physical product is broken. The purchase of digital music cannot be cancelled.
The right of cancellation only applies to purchases made by private accounts, it does not apply to companies/bands/organizations/educational institutions or any other institution etc.
Return of products must be made to the following address:
12. Personal information
”In principle we only deal with the personal information provided to us by you, and information that is necessary for us to fulfill our obligations to you. In cases where we process personal information to other purposes, such as to send you information about offers etc., this is done only when you have agreed to it. Before you agree you will be informed what information is to be used, and by whom.
We reserve the right to ask for your social security number in order the check if your credit is worthy of credit purchases, or to check that our customers are above 18 years old. Your personal information will only be disclosed to others when:
§ You have consented to such disclosure, or
§ When it is necessary for us to fulfill the contract with you, or
§ in legal cases.
If you have questions about personal data relating to you, or want to make use of your rights to rectification, blocking, erasure, etc. under the personal data act, please contact us by e-mail firstname.lastname@example.org eller by telephone +47 23 03 95 55”
13. Sales collateral
”We have a lien on the products delivered until the purchase price including interests and costs are fully paid.”
”The parties shall attempt to resolve any disputes amicably. If this fails, you can bring the case before the consumer council near where you live. EU law shall settle all disputes. Bring the matter before the courts, it shall be settled in your (buyer’s) jurisdiction, it normally means near where you live.”