Terms of Service
Overview
This website is operated by Bertie’s Music. Throughout the site, the terms “we”, “us”, and “our” refer to Bertie’s Music. Bertie’s Music offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features or tools added to the current website shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following any changes constitutes acceptance of those changes.
Section 1 – Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or destructive code.
A breach or violation of any of the Terms will result in immediate termination of your Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted over various networks and may involve changes to conform and adapt to technical requirements.
Credit card information is always encrypted during transfer over secure networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
Headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information on this site is not accurate, complete, or current.
Material on this site is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions.
You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.
We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 – Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy.
We make every effort to display our products and their colors as accurately as possible. We cannot guarantee your device’s display will be accurate.
We reserve the right to limit sales of our products or Services to any person, region, or jurisdiction, on a case-by-case basis.
All product descriptions and pricing are subject to change at any time without notice.
We do not warrant that the quality of any products, services, or information will meet your expectations, or that any errors will be corrected.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place. We may limit or cancel quantities purchased per person, per household, or per order.
In such cases, we may attempt to notify you via the email or phone number provided at checkout.
You agree to provide current and accurate purchase and account information. Please update your information promptly so we can complete your transactions.
For more detail, please review our Returns Policy.
Section 7 – SMS Terms and Conditions
SMS Consent & Privacy:
Phone numbers collected as part of the SMS opt-in process will not be shared with third parties for marketing purposes. Your privacy is important to us.
Types of SMS Communications:
By consenting to receive SMS messages from Bertie’s Music, you may receive texts related to the following:
Order confirmations and updates
Repair order updates
Product availability notifications
Customer service follow-ups
Example: “Your instrument repair is complete and ready for pickup. Thank you for choosing Bertie’s Music!”
Message Frequency: May vary, up to 5 messages per day.
Potential Fees: Standard message and data rates may apply.
Opt-In Method: You can opt in by providing consent online, by phone, or in person.
Opt-Out Method: Reply “STOP” to any Bertie’s Music message or contact us directly.
Help: Reply “HELP” to any message or contact us at (915) 591-1759 or info@bertiesmusic.com.
Standard Disclosures:
Message and data rates may apply.
Message frequency may vary.
Text “STOP” to unsubscribe at any time.
Text “HELP” for assistance.
For more information, please review our Privacy Policy and these Terms.
Section 8 – Optional Tools
We may provide access to third-party tools “as is” without warranties or liability.
Your use of any optional tools is entirely at your own risk.
Any future services or features offered through the website shall also be subject to these Terms.
Section 9 – Third-Party Links
Certain content or services available via our site may include materials from third parties.
We are not responsible for the accuracy or content of any third-party materials or websites.
Complaints or questions regarding third-party products should be directed to the third party.
Section 10 – User Comments, Feedback, and Other Submissions
If you submit creative ideas, suggestions, or feedback, you agree that we may use them without restriction or compensation.
We may monitor or remove content that violates these Terms or our discretion.
You agree not to violate any third-party rights or submit unlawful or harmful material.
Section 11 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 12 – Errors, Inaccuracies, and Omissions
We may occasionally correct errors, inaccuracies, or omissions related to product descriptions, pricing, or availability without prior notice.
We do not guarantee all information on the site will be current or free of errors.
Section 13 – Prohibited Uses
You are prohibited from using this site or its content:
For any unlawful purpose
To solicit or perform unlawful acts
To violate any laws or regulations
To infringe upon our intellectual property rights or others’
To harass, abuse, defame, or discriminate
To submit false information or upload viruses
To collect or track personal information
For obscene or immoral purposes
To interfere with site security
We reserve the right to terminate your use of the Service for violations.
Section 14 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our Service will be uninterrupted, secure, or error-free.
You agree that your use of the Service is at your sole risk.
All products and services are provided “as is” and “as available,” without warranties of any kind.
In no case shall Bertie’s Music, its owners, employees, affiliates, or service providers be liable for any direct or indirect damages, including lost profits, data, or savings, arising from your use of our Service or products.
Section 15 – Indemnification
You agree to indemnify and hold harmless Bertie’s Music, its owners, affiliates, agents, and employees from any claims, damages, or expenses (including attorneys’ fees) arising out of your breach of these Terms or your violation of any law or third-party rights.
Section 16 – Severability
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will still apply.
Section 17 – Termination
These Terms remain effective until terminated by either party.
You may terminate at any time by discontinuing use of our Services.
We may terminate access if we believe you have violated any provision of these Terms.
Section 18 – Entire Agreement
These Terms and any policies posted on this site constitute the entire agreement between you and Bertie’s Music, superseding any prior agreements.
Any ambiguities shall not be construed against the drafting party.
Section 19 – Governing Law
These Terms and any agreements for our Services shall be governed by and construed in accordance with the laws of the United States and the State of Texas.
Section 20 – Changes to Terms of Service
You can review the latest version of these Terms at any time on this page.
We reserve the right to modify or replace any part of these Terms.
Your continued use of the website after updates constitutes acceptance of those changes.
Section 21 – Contact Information
Bertie’s Music
1550 N Zaragoza Rd #A-105, El Paso, TX 79936
info@bertiesmusic.com
(915) 591-1759
Questions about these Terms of Service should be directed to the contact information above.