Terms & Conditions
Last updated: November 12, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.fiddleschool.com website (the “Service”) operated by Fiddle School (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Fiddle School cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Fiddle School customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Fiddle School with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Fiddle School to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Fiddle School will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fiddle School, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Fiddle School will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Fiddle School on a case-by-case basis and granted in sole discretion of Fiddle School.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
The Service and its original content, features and functionality are and will remain the exclusive property of Fiddle School and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fiddle School.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Fiddle School
Fiddle School has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Fiddle School shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Fiddle School and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Fiddle School, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fiddle School its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
PO Box 3811
Boulder, CO 80307
Returns and Refunds Policy
Thank you for shopping at Fiddle School.
If you are not entirely satisfied with your purchase, we’re here to help.
All merchandise purchased from Fiddle School has a 14-day guarantee from the date of purchase except when noted below. A new product may be exchanged for another product or returned for a refund.
All non-defective returns must be in like-new condition, with all accessories, instructions & boxes included. If they are not, we do not accept returns, or at our discretion, a restocking fee will apply.
You may ship your package back to us via USPS, UPS, or FedEx. We recommend using a trackable and fully insured method. Package the item(s) carefully and with the appropriate padding. Please be sure to discuss packaging with us beforehand You will be responsible for return shipping charges unless your product is defective or was shipped in error. Unless authorized in advance, Fiddle School will not reimburse expedited or international shipping expenses, no matter the reason for return. We will not accept the return unless it is shipped according to all return procedures below.
Instruments and Bows
If you return an item that is not defective, you will be responsible for the entire cost of the return (including shipping, repacking, and insurance), as well as the initial outbound shipping charge (including shipping, handling, and insurance), which will be deducted from your refund.
All non-defective instruments or bows are backed by our 14-day money back guarantee. These items must be returned in “as new” condition. Otherwise, repair costs or depreciation due to damage may be charged.
If you have received a damaged or defective instrument or bow, please contact us at firstname.lastname@example.org for a replacement and return instructions.
Strings, Rosin, Tuners, Shoulder Rests, and Mutes
Please inspect your accessories immediately upon receipt. Strings may only be returned unopened within 14 days. Installed strings are not returnable. Because the tonal qualities of each instrument are unique, we cannot accept string returns for reasons of tone, including false strings.
Media (Digital products, DVDs, CDs)
All Digital products are non-refundable. Physical DVDs and CDs are non-refundable unless defective. If defective, they must be returned within 14 days of purchase for the same title replacement only. We cannot offer refunds.
To be eligible for a return, please make sure that:
- The product was purchased in the last 14 days
- The product isn’t used or damaged
- You have the receipt or proof of purchase
Products that do not meet these criteria will not be considered for return.
Please contact us before you send the product:
- By email: email@example.com
Send the product with the receipt or proof of purchase, to:
P.O. Box 3811
Boulder, CO 80305
Shipping charges incurred in connection with the return of a product are non-refundable.
You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Fiddle School.
If you received a damaged product, please notify us immediately for assistance.
Sale items can be refunded.
We issue refunds for digital products within 15 days of the original purchase of the product.
We issue refunds for digital products only under the following conditions:
- Product not delivered (if you haven’t received the delivery email from us)
- Download issues (if you experience problems while downloading the product)
- Major defects. All our products are tested properly, but unexpected errors may occur.
We recommend contacting us for assistance if you experience any issues receiving or downloading our products.
If you have any questions about our Returns and Refunds Policy, please contact us:
- By email: firstname.lastname@example.org