Purchase Terms and Conditions. Optek Music Systems, Inc.

 

Entire Agreement


Other than as specifically provided in any separate formal purchase agreement between you and Optek Music Systems, Inc., these terms and conditions (this "Agreement") apply to all of your on-line purchases from the web site at www.fretlight.com and www.store.fretlight.com (the "Site") 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 Optek Music Systems, Inc.

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 Optek Music Systems, Inc. until accepted by Optek Music Systems, Inc. Optek Music Systems, Inc. will indicate its acceptance of an order by acknowledging your order by reply email or by shipping to you the ordered items.

Pricing

Because prices, product descriptions and availability can change quickly, Optek Music Systems, Inc. does not warrant the accuracy or completeness of the information provided on the Site. For more on our pricing policies, please refer to our Site Terms of Use.

Payment Terms; Orders

We accept VISA and MasterCard and American Express credit cards. For phone or mail orders you may pay by money order, cashier's check, and personal check by mail. Additional processing time is required for all mail orders. Cash is not a payment option that we accept at this time.

Shipping Charges; Taxes

Separate charges for shipping and handling, if applicable, will be shown on your order form. We reserve the right

to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries. If applicable, a separate charge for taxes will be shown on the invoice.

Title; Risk of Loss

Title to products passes from Optek Music Systems, Inc. to you on shipment from our or our Shipping designee's facility. Loss or damage that occurs during shipping by a carrier is our responsibility. Title to any licensed intellectual property will remain with the applicable licensor(s).

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: Optek Music Systems, Inc. 5350 Capital Ct. Suite 108 Reno, NV 89502

OPTEK MUSIC SYSTEMS, INC. PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTEK MUSIC SYSTEMS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU NOT MANUFACTURED
BY OPTEK MUSIC SYSTEMS, INC., 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. You may purchase an additional extended warranty on our Fretlight guitars either at the time of initial Fretlight guitar purchase OR within 10 days of the initial Fretlight guitar purchase.

Returns

Please be aware that some items are non-returnable and non-refundable, such as opened or used sets of strings, computer software including lesson paks, style paks, chord and scale paks, Fretlight songs and song bundles, Fretlight interactive videos, apparel, books, CDs and videos (DVD's) are non-returnable, non-refundable except if the item was defective or damaged upon delivery. When purchasing a Custom Deluxe set-up, which includes the two-year Extended Warranty, THE CUSTOM DELUXE SETUP PORTION OF THE PURCHASE IS NON-REFUNDABLE.

We do not refund Fretlight songs that are accidentally, or otherwise, double-ordered. We will credit your duplicate purchase by sending you a different song of your choice. If you accidentally double order a particular Fretlight

song or songs please contact us at support@fretlight.com.

If you are not completely satisfied with any product return it for a refund per these terms and conditions. OPTEK WILL NOT ACCEPT ANY PACKAGES that do not have a Return Authorization number.

Shipping Charges Refund Policy

You are responsible for covering the shipping costs associated with a return as well as boxing it up and delivering the item back to us.

NOTE: You are still responsible for the condition of the products upon return. The term “Damage” for return purposes shall mean: any actual physical damage, any signs of excessive use, any signs of excessive wear and tear, any missing parts, any broken parts, any parts not attached to the product

upon receiving the returned product or any other condition that would prohibit us from re-boxing and shipping the product as new. Any Damage will be evaluated upon receipt of your return and subject to a minimum twenty percent (20%) Damage fee deduction from your refund amount.

 

We have the following policies on returns:

 

All returns types must submit a completed RETURN AUTHORIZATION FORM: http://www.store.fretlight.com/returns in addition to the steps listed below.

 

1. RETURN FOR REFUND AUTHORIZATION (RFRA) TERMS

30-Day return for full refund (not including shipping). We will refund your purchase price. You are responsible for bringing the product that you are returning to a suitable drop-off shipping location. All returned items must include a Return Authorization Number (RA#) on the outside of the box, be in the original packaging complete with any included accessories and show no signs of damage as described above; otherwise the return will either be refused or subject to a minimum twenty percent (20%) restocking fee. Returns originally paid for by credit card are issued a credit within 10 days of return to our warehouse.

Procedure

1. Complete and submit the RETURN FOR REFUND AUTHORIZATION FORM within thirty (30) days from receiving your order. WE WILL NOT ACCEPT PHONE CALLS in order to initiate returns or a phone call to alert us of a possible return. You MUST fill out the return authorization form above.

2. You will be e-mailed an RFRA# within three (3) business days. (This number must be written on the outside of the shipping box IN BIG LETTERS/NUMBERS or else you may be subject to additional charges.). 

3. Within 5 days of receiving the RFRA#, you must ship the product(s) back to us at the following address: Optek Music Systems, Inc. 5350 Capital Ct. Suite 108 Reno, NV 89502

Take the return products to your nearest FED EX drop-off location.

YOU MUST SHIP YOUR GUITAR WITHIN 5 CALENDAR DAYS AFTER RECEIVING YOUR RETURN AUTHORIZATION NUMBER IN ORDER TO RECEIVE A FULL REFUND. PRODUCTS SHIPPED AFTER THE

ABOVE TIME PERIOD WILL NOT BE ACCEPTED FOR REFUND AND MAY BE SUBJECT TO ADDITIONAL CHARGES.

 

2. Defective Product Return for Replacement within 30 Days (DPRA)


Terms

If you receive a product that is defective and wish to have it repaired or exchanged, you must notify Optek and

you must ship your defective product prior to the expiration of the 30-Day return period from the date of receiving your order. PLEASE NOTE: Product repairs DO NOT extend the 30-day return policy above.

 

Procedure

a. Contact Optek by phone (800-575-6511) and request a Defective Product Return Authorization (DPRA)

b. Your claim will be assessed and you will be contacted by email and given a DPRA# which must be written   

 on the outside of the box

c. You will be e-mailed a shipping label (PDF Format), please print it out and attach it to the box (you can get a     pouch for the shipping label from the shipping location)

d. Please take your package to a shipping location with your shipping label

e. Optek will assess your claim and if deemed that it is defective, we will repair, adjust or replace your product     free of charge and ship it back to you at the original address free of charge. If your product is determined to             not be defective, Optek will return it to you after charging you the appropriate shipping and handling charge.             For international customers, returns must be processed over the phone.


YOU MUST SHIP YOUR GUITAR WITHIN 5 CALENDAR DAYS AFTER RECEIVING YOUR RETURN AUTHORIZATION NUMBER IN ORDER TO RECEIVE A FULL REFUND. PRODUCTS SHIPPED AFTER THE ABOVE TIME PERIOD WILL NOT BE ACCEPTED FOR REFUND AND MAY BE SUBJECT TO ADDITIONAL CHARGES.


3. Within Warranty (One Year Standard) Return WWRA

 

Terms

If your Fretlight guitar or Optek product needs warranty service, you must notify Optek within your Warranty

period by e-mail.

 

Procedure

a. Contact Optek by e-mail at info@fretlight.com and request a Within Warranty Return Authorization               (WWRA#). Please include your name, date of purchase, order ID, shipping address, and phone             number.

b. Your Warranty will be void for any part(s) of your guitar that you have been modified, replaced, or otherwise     altered, by you or by any other third party, that falls outside the definition, as set forth by Optek, of normal                 set-up and adjustment.

c. If we have any questions about your repair we will call you. Otherwise, you will be e-mailed a WWRA#   

 which must be written on the outside of the box

d. Please ship your package to us at the following address: Optek Music Systems, Inc. 5350 Capital Ct. Suite     108 Reno, NV 89502

e. You must ship your item back to us before your warranty period expires, and within 5 days of receiving the     WWRA #. Failure to do so will result in a refusal to accept the package or non-warranty service.

f. Once we receive your guitar if it is determined that the actual issue is not covered under our warranty e.g.,    normal guitar setup, you will be charged the appropriate shop fee along with shipping charges to return your    guitar.

g. Once we receive your product you agree that Optek has the right to either repair, adjust, or replace your     product in order to fix the defect or reason for warranty service. Optek is not responsible for any extra     items inadvertently included with the product returned for warranty service. Once repaired, adjusted or     replaced, Optek will ship it back to you at the original address free of charge by a carrier of its choice.

 

YOU MUST SHIP YOUR GUITAR WITHIN 5 CALENDAR DAYS AFTER RECEIVING YOUR RETURN AUTHORIZATION NUMBER IN ORDER TO RECEIVE A FULL REFUND. PRODUCTS SHIPPED AFTER THE ABOVE TIME PERIOD WILL NOT BE ACCEPTED FOR REFUND AND MAY BE SUBJECT TO ADDITIONAL CHARGES.

 

PLEASE NOTE: You are responsible for the shipping cost and any insurance you feel is necessary to get the product back to us in an un-damaged condition.

 

4. Out of Warranty Service (OWRA)

 

Terms

If you have an Optek product that is out of warranty but wish to have it serviced or repaired, please follow the procedure below. By agreeing to the Terms and Conditions of our OWRA, you agree at a MINIMUM to accept a return shipping charge of $29.95, even if you decline to have any repair work performed on your guitar after receiving our estimate.

 

Procedure

a. Contact Optek by phone (800-575-6511) and request an Out of Warranty Service

b. You will be given an estimated quote for the repair by email after we have received your guitar or product

c. Please ship your package to us at the following address: Optek Music Systems, Inc. 5350 Capital Ct. STE     108 Reno, NV 89502

d. Once we receive your product you agree that Optek has the right to either repair, adjust, or replace your     product in order to fix the defect or reason for warranty service. Optek is not responsible for any extra     items inadvertently included with the product returned for warranty service. Once repaired, adjusted or     replaced, Optek will ship it back to you at the original address free of charge by a carrier of its choice.

 

PLEASE NOTE: You are responsible for the shipping cost and any insurance you feel is necessary to get the product back to us in an un-damaged condition.

 

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Additional Terms and Conditions

 

Optek does not offer Defective Product Return Authorizations (DPRA) for any products not purchased directly from Optek. All non-Optek direct purchased returns (whether defective or not) must be handled by the company where the product was originally purchased.

Optek will warrant its product(s) sold through 3rd party Authorized distribution (retail store, catalog, international distributor, or internet dealer) for a term of One Year from the sale and receipt of the product(s) by the customer, by providing Optek with an appropriate Proof of Purchase receipt from the distributing company prior to Optek issuing a Return Authorization for Warranty Work. Optek will NOT warrant any product that does not have an accompanying Proof of Purchase. Proof of Purchase receipt is defined as a sales receipt generated by the distributing company with their appropriate LOGO and address information, customer information, purchase

price, and marked paid. Warranties are non-transferrable.

 

Limitation of Liability

OPTEK MUSIC SYSTEMS, INC. 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. OPTEK MUSIC SYSTEMS, INC. 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, OPTEK MUSIC SYSTEMS, INC. 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. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not

apply to you.

 

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 terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the State of Nevada as those laws are applied to contracts entered into and to be performed entirely in Nevada, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement

shall be commenced exclusively in state or federal court in Washoe County, Nevada, 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.

Copyright © 2011 Optek Music Systems, Inc. · 5350 Capital Ct. STE 108 Reno, NV 89502
e-mail: info@fretlight.com · Phone 1-800-575-6511 · Fax 775-201-0007


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