TERMS OF SALE
The following sets forth the terms and conditions of sales (also known as the “Terms of Sale”) for purchases made via this Web site, which is operated by Mill City Sound and located at https://www.millcitysound.com, and supersedes any previous statement of such policies. Throughout these Terms of Sale, the word “Site” is used to refer to this Web site. By making a purchase via the Site, you are consenting to these Terms of Sale. Mill City Sound may modify, alter or update its products offered for sale, its prices, fees, billing methods and/or these Terms of Sale at any time without prior notice, and your subsequent use of the site to make purchases shall constitute your consent to the modification, alteration or update.
You must be 18 years of age or older in order to make purchases on this site. By making a purchase on this Site, you represent and warrant to Mill City Sound that you are legally permitted to do so. Mill City Sound reserves the right in its sole discretion to prohibit any person from making a purchase via the Site.
By clicking the “Pay Now” button when making a purchase, you agree to pay Mill City Sound in full when due for the product(s) being purchased. Payment for purchases on this site may be made by American Express, Visa, Mastercard or Discover Card credit cards. Mill City Sound will charge your indicated method of payment upon the shipment of physical goods, but may request preauthorization of up to the total amount to be charged from the provider of the payment method prior to the actual charging of the total amount. Amounts to be charged may include but not be limited to the purchase price (less any applicable discounts, if any), shipping and handling charges, sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by Mill City Sound, you agree that you will pay them when due.
Mill City Sound shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms of Sale, any payments made by you may be subject to the agreement between you and the provider of the payment method. As between you and Mill City Sound, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.
DISCLAIMERS AND OTHER PURCHASE-RELATED MATTERS
Other than as may be stated in the item description, MILL CITY SOUND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY PRODUCT FOR SALE ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Mill City Sound shall not be bound by any factual, typographical, pricing or technical errors with regard to an item’s description, availability or pricing, and may change the description and pricing of products at any time. The manufacturers and distributors of the products sold by Mill City Sound are solely responsible for the products, their quality, and any issues which may arise in connection with the products, and all questions regarding use and support for products should be directed to their manufacturers. To the extent that users’ reviews of products are posted on the Site, the content of such reviews are the sole responsibility of their authors, and Mill City Sound reserves the right in its sole discretion to edit or remove any review.
Mill City Sound may, in its sole discretion, cancel any order at any time prior to fulfillment without liability. You should also be aware that quantities of some products may be limited and inventories (if any) shown on the Site may not be current; Mill City Sound will not be liable for any shortfalls of products, even if the Site indicated the products were in stock at the time of order. Title and risk of loss for any physical product purchased by you shall pass to you when Mill City Sound delivers the goods to the common carrier it is using.
All sales are final. However, in the event that a product you have purchased is defective, damaged or is the incorrect item, please contact us by email at [email protected] within fourteen (14) days of your purchase. Please include your name and your order number along with your description of the product and the defect. Mill City Sound will look into the matter and we may contact you for further information (e.g., satisfactory ID and documentation of your purchase transaction) and/or we may ask you to return the unused item to us for inspection. If Mill City Sound determines that the product you purchased was defective, damaged or the incorrect item, we will be happy to replace it for the same item (subject to availability) or we may, in our sole discretion, issue a refund for the purchase price you paid. Please note that returns cannot be accepted unless you first contact Mill City Sound and after we issue a return authorization. In general, you should be aware that it may take approximately two (2) business days for a credit card refund to be processed and your financial institution will likely take approximately five (5) business days to reflect a refund transaction to your account. If you have any questions about the products you purchased at Mill City Sound, or about any returns or refunds, please contact us at firstname.lastname@example.org.
By making a purchase using this Site, you agree to indemnify and hold harmless Mill City Sound, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of such purchase.
GOVERNING LAW; FORUM
These Terms of Sale shall be governed by and interpreted in accordance with the internal laws of the State of Minnesota, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms of Sale and/or your use of the Site shall be the state and federal courts located in St Paul, Minnesota.