Purchase Terms and Conditions. Optek Music Systems, Inc.
Other than as specifically provided in any separate formal purchase agreement between you and Optek Music Systems, Inc. (Optek), these terms and conditions (this "Agreement") apply to all of your on-line purchases from the web site at www.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 until accepted by Optek. Optek will indicate its acceptance of an order by acknowledging your order by reply email or by shipping you the ordered items.
Payment Terms and Orders
We accept VISA and MasterCard and American Express credit cards. For phone or mail orders you may pay by money order or cashier's 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 and 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 to you on shipment from our or our designated shipping 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).
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. 2020 S. Edmonds Dr. Carson City, NV 89701.
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. If offered, 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. Optek is under no obligation to offer any extended warranty.
Returns & Re-Stocking Fees
Please be aware that some items are non-returnable and non-refundable, such as opened or used sets of strings, all computer software, videos and video data. We do not refund videos or songs or song data that is accidentally, or otherwise, double-ordered. If you accidentally double order a particular Fretlight video(s) or song(s) please contact us at email@example.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.
There is a 20% (of the items paid price) restocking fee for returns within the first 30 days for ALL PRODUCTS returned that are not determined by OPTEK to be defective.
If you are responsible for paying for the shipping costs associated with a return (as determined when you request to return a product which you purchased on fretlight.com), you are responsible as well for the appropriate packing and packaging and then 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.
Procedure for All Returns
Please go to www.fretlight.com to request a RETURN AUTHORIZATION. At the bottom of the page is link titles RETURNS. Click on that link and follow the directions.
If the return you are requesting is the type where you are responsible for paying for and shipping a product(s) back to us, then you are responsible for shipping such product(s) in the original packaging or a suitable equivalent. If the return you are requesting is the type where we issue you a return label and we pay for shipping, you are still responsible for packaging the product(s) in originally shipped condition or suitable equivalent. All returned items must include a Return Authorization Number (RA#) on the outside of the box, be in their 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 for refund are issued a credit within 10 days of return to our warehouse. Credit will be issued to the original form of payment, e.g., credit card or PayPal or the customer will be issued a company check at Optek’s choice. YOU MUST SHIP YOUR PRODUCT(S) 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.
1. REFUND WITHIN 30 DAYS
If you receive and wish to return it for a refund, you must notify Optek prior to the expiration of the 30-Day return period from the date of receiving your order. PLEASE NOTE: You are responsible for all shipping charges. Please go to www.fretlight.com to request a RETURN AUTHORIZATION. At the bottom of the page is link titles RETURNS. Click on that link and follow the directions.
2. SHIPPING DAMAGED PRODUCT WITHIN 30 DAYS
If you receive a product that has been damaged in shipping and you need to have it replaced, you must notify Optek prior to the expiration of the 30-Day return period from the date of receiving your order. Please go to https://fretlight.com/pages/support to request a RETURN AUTHORIZATION.
3. REPAIR OR REPLACEMENT WITHIN 30 DAYS
If you receive a product that is defective and need to have it repaired or replaced, you must notify Optek 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. Please go to https://fretlight.com/pages/support to request a RETURN AUTHORIZATION.
4. EXCHANGE WITHIN 30 DAYS
If you would wish to exchange a product, you must notify Optek prior to the expiration of the 30-Day return period from the date of receiving your order. PLEASE NOTE: You are responsible for all shipping charges to and from Optek. Please go to https://fretlight.com/pages/support to request a RETURN AUTHORIZATION.
5. INCORRECT PRODUCT SHIPPED WITHIN 30 DAYS
If you received a different product(s) from that which you ordered, you must notify Optek prior to the expiration of the 30-Day return period from the date of receiving your order. Please go to https://fretlight.com/pages/support to request a RETURN AUTHORIZATION.
6. WARRANTY RETURN
If a product(s) is within its Original Warranty period and you wish to have warranty service, you must notify Optek prior to the expiration of the Warranty period. PLEASE NOTE: You are responsible for all shipping charges to Optek and Optek is responsible for shipping back to you. Please go to https://fretlight.com/pages/support to request a RETURN AUTHORIZATION.
7. OUT OF WARRANTY RETURN
If a product(s) is out of its Warranty period and you wish to have service performed, you must notify Optek prior to the expiration of the Warranty period. PLEASE NOTE: You are responsible for all shipping charges to and from Optek. Please go to https://fretlight.com/pages/support to request a RETURN AUTHORIZATION.
Additional Terms and Conditions
Optek does not offer Returns (expect for In Warranty and Out of Warranty service – post 30 days from purchase) for any products not purchased directly from Optek, Optek’s eBay Backlot store or Optek’s Amazon store. 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-transferable.
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.
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.
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 © 2018 Optek Music Systems, Inc. · 2020 S. Edmonds Dr., NV 89701 e-mail: firstname.lastname@example.org · Phone 775-636-7300.