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 Amoeba Music Inc. (or “Amoeba”) and located at https://www.amoeba.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. Amoeba 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 Amoeba that you are legally permitted to do so. Amoeba 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 Amoeba in full when due for the product(s) being purchased. Payment for purchases on this Site may be made by Visa, Mastercard or Discover Card credit cards. Amoeba will charge your indicated method of payment upon the transmission of digital content or 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 Amoeba, you agree that you will pay them when due.
Amoeba 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 Amoeba, 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, AMOEBA 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. Amoeba 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 Amoeba 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 Amoeba reserves the right in its sole discretion to edit or remove any review.
Amoeba 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; Amoeba 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 Amoeba delivers the goods to the common carrier it is using. Title and risk of loss for any digital product purchased by you shall pass to you at the time you initiate the download process.
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 thirty (30) days of your purchase. Please include your name and your order number along with your description of the product and the defect. Amoeba 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 Amoeba 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 Amoeba and after we issue a return authorization. Please note that all digital downloaded product is sold “as is”. However, if a technical problem caused by Amoeba results in a defective product or prevents delivery of the product you have purchased, Amoeba will, in its sole discretion, either make available to you a replacement digital download or refund the purchase price you paid for the product. In general, you should be aware that it may take approximately thirty (30) business days for a credit card refund to be processed and your financial institution will likely take approximately ten (10) business days to reflect a refund transaction to your account. If you have any questions about the products you purchased at Amoeba, or about any returns or refunds, please contact us at [email protected].
Any digital content obtained by you from the Site is licensed to you and not owned by you, whether or not words such as “purchase,” “sale” or similar words are used to describe the content. The content you obtain via the Site is licensed to you for your personal, non-commercial use only, and may not be shared with any third party or resold without the written permission of the owner of the copyrights and other rights to the content, except as otherwise permitted by law. You should also read any specific license terms which may accompany the content, to determine the specific license rights and restrictions connected with the content. Amoeba will not be responsible for any technical issue or failure which may interfere with your receipt or use of any digital content transmitted to you by Amoeba.
By making a purchase using this Site, you agree to indemnify and hold harmless Amoeba, 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 California, 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 Los Angeles, California.
Thank you for shopping with us. We appreciate your business.