Native Roots Music Store - Terms of Service

Payment Methods

• PayPal

• No Purchase Orders, Fax or C.O.D. orders please. Please accept our apologies but we do not accept international credit cards at this time.

Shipping Methods

• USPS - APO/FPO orders welcome! Delivery will take approximately 2 to 6 weeks + 24-48 hours to process the order.

• All orders require 24-48 hours processing time before shipping.

• NativeRootsMusic.com does not process orders during weekends.

• No deliveries will be made on Saturday or Sunday.

• NativeRootsMusic.com does not guarantee same day shipping.

• NativeRootsMusic.com does not offer International/Canadian shipping options at this time.

General Excise Tax

Sales tax is only required for orders shipping within our resident state of business. Therefore all orders shipping within Hawaii will be charged applicable general excise tax according to current tax rate of 4%.

Money Back Guarantee/Refund Policy

All merchandise unless otherwise indicated may be returned within 30 days from the original invoice date for a refund. A 15% restocking fee may apply. These terms apply to all refunds. Customers must inform NativeRootsMusic.com of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.

NativeRootsMusic.com SATISFACTION GUARANTEE - NativeRootsMusic.com offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:

• Downloadable software is refundable within 15 days of the original invoice date. NativeRootsMusic.com will confirm that the product has not been downloaded and, upon verification, the customer will be issued a letter of destruction. Once he/she agrees to the terms stipulated in the letter, NativeRootsMusic.com will issue a Return Merchandise Authorization number for the refund amount.

Processing Time

You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. NativeRootsMusic.com does not guarantee same day-shipping. Orders are not processed on weekends and holidays.

Order status

NativeRootsMusic.com will keep you informed of your order status via e-mail. All tracking information will be emailed to your NativeRootsMusic.com ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our website.

Privacy

NativeRootsMusic.com respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our web site will be used for processing purposes only. The only e-mails you will receive from NativeRootsMusic.com are updates to any recent orders and/or returns.

Product listings

NativeRootsMusic.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, NativeRootsMusic.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from NativeRootsMusic.com are provided as resources to customers looking for additional information and/or professional opinion. NativeRootsMusic.com does not assume responsibility for the claims and/or representations made on these or any other websites. NativeRootsMusic.com

By accepting delivery of any product delivered from NativeRootsMusic.com ("NativeRootsMusic.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and NativeRootsMusic.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and NativeRootsMusic.com. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from NativeRootsMusic.com.

1. NATIVEROOTSMUSIC.COM SATISFACTION GUARANTEE

NativeRootsMusic.com offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:

• Downloadable software has no physical assets. Confirmation that the product has not been downloaded is required within 15-days for refund approval.

• To take advantage of NativeRootsMusic.com's satisfaction guarantee, the customer must comply with the Product Return Procedure detailed below. Any breach of NativeRootsMusic.com's Return Policy Procedure will result in the loss of NativeRootsMusic.com's refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Product Return Procedure

• To return a product in compliance with NativeRootsMusic.com's satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please click here to acquire an RMA number. All RMA requests must be filed online. NativeRootsMusic.com will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by NativeRootsMusic.com. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

• Customer is solely responsible for shipping any returned product to NativeRootsMusic.com. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, NativeRootsMusic.com's Return Procedure will be breached and NativeRootsMusic.com may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).

• NativeRootsMusic.com will NOT refund to Customer the original shipping charges. In addition, NativeRootsMusic.com will assess a 15% restocking fee against the Customer's account on all returns for refund.

2. WARRANTIES; ALL PRODUCTS SOLD "AS-IS" OR "WITH ALL FAULTS"

ALL ITEMS SOLD THROUGH NATIVEROOTSMUSIC.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR NATIVEROOTSMUSIC.COM, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

3. LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES NATIVEROOTSMUSIC.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. NATIVEROOTSMUSIC.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NATIVEROOTSMUSIC.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT NATIVEROOTSMUSIC.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders:
An order is not binding upon NativeRootsMusic.com until it is accepted; NativeRootsMusic.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with NativeRootsMusic.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges

Your total cost for purchase of any product will include shipping and handling charges shown on the NativeRootsMusic.com invoice.

Title; Risk of Loss

NativeRootsMusic.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. NativeRootsMusic.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow NativeRootsMusic.com to sign appropriate documents on Customer's behalf to permit NativeRootsMusic.com to protect its purchase money security interest. NativeRootsMusic.com will advise Customer of estimated shipping dates, but NativeRootsMusic.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between NativeRootsMusic.com and Customer shall be governed by the laws of the State of Hawaii, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. NativeRootsMusic.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Hawaii, Honolulu County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against NativeRootsMusic.com that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Hawaii law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with NativeRootsMusic.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between NativeRootsMusic.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between NativeRootsMusic.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.