1. INTRODUCTION
The Marshall Music online shop can be accessed at www.marshallmusic.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including musical instruments, sound equipment, software and accessories by selected local and international brands (“the products”) online and have them delivered door-to-door or door-to-post office counter within South Africa. Buyers can also have products delivered to them in select areas outside South Africa.
All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on Marshall Music (“account holders” or “you”) are able to buy.
Legally binding contract
All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“Ts & Cs”). By registering, or using the site at all, you recognise that you’ve read and accepted these terms and conditions. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Marshall Music to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
With whom are you entering into a contract?
The site is owned and run by Marshall Music, a division owned by Marshall Music (Pty) Ltd, registration number 99/15016/07, a company incorporated in the Republic of South Africa (herein after referred to as Marshall Music. More information about Marshall Music is available at the end of these terms and conditions.
Products and availability
Please note that the stock of all items on offer is limited. Marshall Music will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Marshall Music is unable to fulfil any order at the advertised price because stock is sold out, Marshall Music will let you know and you will be entitled to a reimbursement for the rand value you have paid for such product. This is described in more detail in Marshall Music’s Delivery and Returns Policy. Please note, the Marshall Music Delivery and Returns policy is incorporated by reference and therefore forms part of these T&Cs.
2. BUYING PRODUCTS
The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
A purchasing contract (“sale”) between you and Marshall Music only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket (“shopping cart”) AND your payment has been authorised by Marshall Music (or has been received into Marshall Music’s bank account). The above is dependent upon the product being available.
Products on Marshall Music cannot be reserved to be bought at a later stage, and placing an item in your basket without completing the order does not amount to a sale or an order. This means that Marshall Music may remove any item from your basket before the sale actually takes place in the event of the product going out of stock.
Marshall Music cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage. The invoice for your purchase will be available online in the “My Account” section on the site. A copy of this invoice will be included in your parcel.
3. CANCELLING AND ENDING ORDERS
Marshall Music reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. Marshall Music will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased (see Marshall Music’s Delivery and Returns Policy for more information).
4. FRAUD
Marshall Music reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
Marshall Music may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
In the event of a fraudulent purchase being placed on Marshall Music, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Marshall Music does not process refunds for orders suspected of fraud.
Marshall Music does not provide order details relating to orders suspected of fraud.
5. PRODUCT PRICING
The price of each product is given in the product information.
1. The Regular Retail Price
The Regular Retail Price (“RRP”) is the standard price that Marshall Music charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
2. When a product is not on sale, on Outlet, or included in a discount promotion, the RRP is the price you will pay when you purchase the product.
3. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.
The Discount Price
1. When Marshall Music is having a sale, or has products in Outlet, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
2. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
Pricing accuracy
1. Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Marshall Music are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Marshall Music will not be obliged to supply the said product at the incorrect price.
2. Marshall Music will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.
6. DELIVERY FEES
1. For orders of R1000.00 or more, in main delivery centres within South Africa, Marshall Music delivers door-to-door free of charge.
2. For orders under R1000, in main delivery centres within South Africa, Marshall Music charges a R200.00 fee to deliver door-to-door.
3. For orders of R3000.00 or more, if you reside outside of a main delivery centre in South Africa, door-to-door delivery is free of charge.
4. For orders under R3000.00, if you reside outside of a main delivery centre in South Africa, door-to-door delivery is R400.00.
5. Marshall Music does not deliver to PO Boxes.
6. Marshall Music will deliver door-to-door to selected areas outside South Africa, subject to a delivery/freight cost being established (excluding customs and import duties) and mutually agreed upon. Delivery to these selected areas will take within 21 working days. Please see Section 10 for specific terms and conditions for delivery outside of South Africa.
7. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Marshall Music will not be obliged to deliver products at an incorrect delivery fee. Marshall Music will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.
7. MAKING A PAYMENT
Paying by credit card
1. Marshall Music accepts payments made by Visa and MasterCards, as well as chipped debit cards that have been activated for online purchases, and Electronic Funds Transfer (“EFT”).
2. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
3. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Marshall Music.
Paying by EFT
1. Please note, when selecting to pay by EFT, you have 24 hours post placing your order to make the payment.
2. When making your payment, please be sure to use your order number as your reference. This will ensure that Marshall Music can process your order as quickly as possible.
3. Marshall Music will start processing your order as soon as your bank forwards the payment to Marshall Music. Depending on the bank, it can take up to 3 days from the time you make the payment (which has to be done a maximum of 24 hours after placing the order) to when it appears in our bank account.
4. Marshall Music will start processing the order once your bank forwards your payment to us, but depending on the bank it can take up to 3 days.
5.The delivery lead time as specified on the site only starts once Marshall Music has received the payment from your bank.
8. PLACE OF DELIVERY
1. Marshall Music delivers within business hours in the Republic of South Africa as well as selected countries.
2. As buyer, you indicate where in South Africa or the country you require delivery is, as well as contact numbers to be used in connection with delivery.
3. In the case of door-to-door delivery, your parcel will be delivered to the address you specified in the checkout process.
4. On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for door-to-door delivery.
5. In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
6. The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to send an email to info@marshallmusic.online to arrange delivery.
7. If you do not contact the Marshall Music Call Centre within five working days of the courier’s attempting the second delivery, the courier will return the parcel to Marshall Music, and we will contact you via email to discuss potential re-delivery at your own cost.
8. If this attempt does not succeed within a reasonable amount of time, Marshall Music will reimburse you the rand value paid for the product(s) purchased, Should a delivery fee have been charged on the order, this will not be reimbursed.
Delivery time and delays
1. Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa, door-to-door is five working days.
2. Delivery to an address outside of South Africa is estimated to take a maximum of 21 working days.
3. As outlined in Section 8.1 above, all Marshall Music deliveries take place during business hours, i.e. there are no deliveries over weekends or public holidays. Please take this into consideration when selecting your delivery address.
Delivery Completed
1. A delivery is considered complete as soon as the parcel is accepted by an individual on your behalf at your specified delivery address, or the parcel is successfully delivered by Speed Services to the post office associated with your delivery address.
2. This also applies when the package has been handed over by the courier, as indicated in the courier’s tracking system.
3. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
4. Such complaints and claims must be brought to the attention of Marshall Music by calling our call centre on +27 11 804 1362 (Monday to Friday, 09:00 to 17:30 and Saturdays, 09:00 to 13:00).
Lost parcels
1. If neither the depot nor the tracking system (under “My Account > Order History”) provides any indication where the parcel is, you need to call the call centre at +27 11 804 1362 or send an email to info@marshallmusic.co.za.
2. If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause.
3. If the parcel is declared lost, Marshall Music will notify you and reimburse you for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).
9. DEFECTIVE ITEMS, RETURNS AND REIMBURSEMENT
If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Marshall Music within 30 days of delivery, free of charge if you are based in South Africa, and either receive a Marshall Music account credit or a refund, or have the product repaired or replaced, depending on the situation.
Delivery and Returns Policy (www.marshallmusic.co.za/terms-and-conditions/www.marshallmusic.co.zadelivery-return-policy)
10. TERMS AND CONDITIONS FOR INTERNATIONAL DELIVERIES
1. Marshall Music delivers internationally to surrounding South African areas.
2. Delivery time is estimated at 21 working days (subject to customs clearance and border protocols). This estimated delivery time is subject to the clearance of Credit Card or EFT payment.
3. The delivery costs associated with orders sent are subject to a delivery/freight cost being established (excluding customs and import duties) and mutually agreed upon
4. The courier/customs department within the destination country will be in contact with you regarding the relevant costs, as well as how to pay and when payment is required.
5. Returns are not allowed on products shipped outside of South Africa, except if an item is damaged or it is an incorrect item. Marshall Music will evaluate each case on its own merits and issue a refund upon proof of the damaged/incorrect item. For more details about delivery to surrounding African countries, and weather your country qualifies, please contact our call centre (011) 804 1362, info@marshallmusic.co.za.
6. Import taxes, customs and duty costs must be paid on all items imported into a country; this is an international importing fee that is not covered by Marshall Music. As each country is different, the recipient will be responsible for the respective import, customs, duties or taxes charged in their country. Refusal to pay these taxes means that the product’s ordered from Marshall Music cannot be collected. Please note that a refund on these item/s will not be allowed.
Definitions
DAP:
A term used on a customs invoice:
The DAP Incoterm means: “Seller (Marshall Music) clears the goods for export and bears all risks and costs associated with delivering the goods to the named place of destination not unloaded. Buyer (recipient) is responsible for all costs and risks associated with unloading the goods and clearing customs to import the goods into the named country of destination.
Returns:
Returns are not allowed on products shipped outside of South Africa, except if an item is damaged or it is an incorrect item. Marshall Music will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
For more details about our returns policy and for any other queries, please email our support team on info@marshallmusic.co.za.
SALES RECORDS
Complete records of each transaction between you and Marshall Music are kept on the site for 12 months after a particular purchase or related transaction. During this time, you’ll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.
12. DISCOUNT VOUCHERS AND COUPONS
Marshall Music may release printed or digital discount vouchers/coupons (hereafter referred to as vouchers) from time to time. Such vouchers may be available through the website and/or from third-party websites, in magazines and other media.
Vouchers can be used for discounts on the site only as long as the voucher is valid. Given expiry dates cannot be moved.
Promotional vouchers
Promotional vouchers are issued at Marshall Music’s discretion. Users don’t have the right to promotional vouchers and can’t earn them. Promotional vouchers are issued with specific terms and conditions that regulate how and when they can be used.
A voucher can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the voucher.A voucher can only be used once and only one voucher can be used per shopping basket. Vouchers are not transferrable and cannot be exchanged for cash. The discount value of the voucher will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.If you want to return an item bought with the use of a voucher:
If you have redeemed a voucher or discount voucher against a purchase, and you’d like to return all items purchased, Marshall Music will refund you or credit your account with the rand value of the purchase and re-issue the voucher or discount voucher, with the same associated terms and conditions.If you have used a voucher or discount voucher against a purchase and then return some of the items purchased, Marshall Music will recalculate the total value of your purchase AFTER the returned item(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the voucher, Marshall Music reserves the right to deduct the value of the voucher off the refund for the returns, or, should you have credit in your Marshall Music account, to debit the value of the voucher off your account balance.
Promotion vouchers cannot:
1. Be used to buy other vouchers
2. Be exchanged for cash
3. Be transferred to anyone else
4. Be used after the expiry date
5. Be used together with any other promotion, including against sales/ clearance items that have already been discounted in Outlet or are on special offer.
Gift Vouchers
Marshall Music may make physical and/or electronic gift vouchers (“Vouchers”), as well as electronic promotional coupons (“Coupons”) available on the Website from time to time.
General
Vouchers and Coupons can only be redeemed:
1. While they are valid, their expiry dates being unable to be extended; on the Website towards the purchase of Marshall Music products.Vouchers cannot be:
1. Used to purchase other Vouchers or Coupons.
2. Used towards purchases at any affiliate websites.
3. Exchanged for cash
Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Marshall Music products listed on the Website, e.g. Items that aren’t currently in Outlet.A gift voucher value can be set by you, to any value between R50 and R10 000. The chosen value must be in rands, no cent values are permitted.You may use more than 1 voucher per transaction, should you wish to.
You may use more than 1 voucher per transaction, should you wish to.If a gift voucher is used to purchase a cart that is of a higher value than the voucher, the residual amount will be tied to the voucher code.If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.We assume no liability for the loss, theft or illegibility of gift or promotional coupons.Conditions for the redemption of gift vouchers.You may purchase gift vouchers for use on the Site by yourself or as a gift.
These gift vouchers will be sent to you or your chosen recipient via email.Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through cheque, credit card or EFT.The credit of a gift voucher does not accrue interest nor does it have a cash value.Gift vouchers are not refundable for cash once purchased.If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either card or EFT payment.
13. SECURITY
Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
Marshall Music will claim civil damages from such person if Marshall Music suffers any damage or loss.
You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
You allow Marshall Music to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Marshall Music has no access to any confidential information regarding your payment method.
Only Marshall Music’s banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time.
Marshall Music’s registration documents and the registered domain name are verified and underwritten by Thawte.
14. INDEMNITY
Marshall Music is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Marshall Music is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
However, neither Marshall Music nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.
Furthermore, Marshall Music provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing info@marshallmusic.co.za.
Otherwise call the call centre at 011 804 1362 (Monday to Friday, 09:00 to 17:30 and Saturdays, 09:00 to 13:00)
Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications.
15. PRIVACY
Please refer to the privacy policy page for more information regarding this section.
16. CHANGES TO TERMS AND CONDITIONS
Marshall Music may, at its own discretion, change these terms and conditions or any part thereof. If you are a registered account holder, Marshall Music will inform you of changes by email (to the address you use on registration). At such point, it will be your responsibility to read through the revised terms and conditions to ensure you’re satisfied.
If you’re dissatisfied, you have the right to terminate your registration on Marshall Music.
If you are NOT a registered user, Marshall Music will be unable to let you know of changes to these terms and conditions.
It will be your own responsibility to visit the website to check whether the terms and conditions have changed, and to make sure you’re satisfied with the changes. If you’re dissatisfied with any changes, you should not use the site in any way.
17. DISPUTES
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Marshall Music, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.
Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. These rules can be found here. (http://www.arbitration.co.za/downloads/expedited_rules.pdf
18. LEGAL NOTICE ADDRESS
Marshall Music elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:
P.O. Box 76618, Wendywood, 2144.
An electronic copy is to be sent to info@marshallmusic.online (Such copy must be delivered in conjunction with physical copy for serving to be effected.
19. TERMS AND DISCONTINUATION
These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Marshall Music from time to time (as described above), for as long as the website continues to exist and be operated. Marshall Music is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.
If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after Marshall Music has instructed you to do so, your access to the service will be blocked.
We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Marshall Music will not have any negative effect on any damages Marshall Music may claim.
20. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Marshall Music. As such they are protected by local and international legislation and agreements.
21. ELECTRONIC COMMUNICATION
When you sign up for a Marshall Music newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to info@marshallmusic.online, you agree to get electronic communication from Marshall Music.
22. CORPORATE INFORMATION
The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.
Marshall Music Information is as follows:
Name: MARSHALL MUSIC (PTY) LTD
Company Reg. No.: 1999/015016/07
Core business: RETAIL – MUSICAL INSTRUMENTS
Legal Notice Address: P. O. Box 76618, Wendywood, 2144
Directors: D.P Marshall
Website: www.marshallmusic.co.za
Official email address: info@marshallmusic.co.za
