Terms ofService
Last Updated: December 2024
These Terms of Service ("Terms") govern your access to and use of the website and services operated under The Musicians Club (the "Site" and "Service"). The Site is operated by Brass Club LLC ("Brass Club," "The Musicians Club," "we," "us," or "our").
By accessing, browsing, creating an account, submitting information, or purchasing any product or service through the Site, you agree to these Terms and to our related policies, including our Privacy Policy, Shipping Policy, Refund Policy, and any additional marketplace or P2P policies posted on the Site (collectively, the "Policies"). If you do not agree, you must not use the Service.
Our ecommerce platform is hosted by Shopify Inc. Shopify provides the technical infrastructure to enable the Service. Shopify is not the seller of products listed on the Site and is not responsible for fulfillment, vendor performance, or marketplace disputes.
Key Marketplace Disclosures (Read First)
- Marketplace model: The Musicians Club operates as a marketplace. We do not hold inventory for most items.
- Vendor fulfillment: Most products are shipped directly from independent Vendors to customers.
- Made-to-order: Many products are premium, handmade, special order, or made-to-order; delivery timelines may be longer and are estimates only.
- Pricing & shipping: Product prices and shipping charges are generally provided by the Vendor and/or determined by carrier rates.
- International fees: Customers outside the U.S. are responsible for import VAT/GST, duties, tariffs, brokerage, and local fees unless checkout clearly states otherwise.
- Used Gear (P2P): Peer-to-peer listings may follow different rules; additional P2P policies may apply.
Definitions
Eligibility, Accounts, and Security
You must be at least the age of majority in your jurisdiction and have legal capacity to enter into these Terms. You agree to provide accurate information and keep it current. You are responsible for safeguarding your account credentials and for all activity on your account. We may suspend or terminate accounts for suspected fraud, misuse, or violation of these Terms.
The Service and Marketplace Role
4.1 Our Role
The Musicians Club provides the marketplace platform, checkout experience, and support coordination. Unless expressly stated otherwise, Vendors and P2P Sellers are responsible for fulfilling orders, product-specific information, and compliance obligations.
4.2 No Professional Advice
Any content provided on the Site is for general information and does not constitute professional advice (legal, tax, customs, financial, or otherwise).
Product Listings, Accuracy, and Availability
We strive to ensure Listings are accurate. However, Listings may contain errors (pricing, specifications, images, availability, shipping, and lead times). We reserve the right to correct errors and update Listings at any time, and to cancel or refuse orders impacted by errors.
Images are representative and may vary. Colors and appearance may differ due to device settings and lighting. Dimensions and weights may be approximate.
Pricing, Shipping Charges, and Taxes
6.1 Prices
Prices displayed are subject to change without notice. Where applicable, currency conversion, vendor updates, or corrections may change the displayed price.
6.2 Shipping Charges
Shipping charges are calculated based on vendor location, package characteristics, carrier options, destination, and service level. Shipping charges may change prior to shipment due to carrier adjustments, packaging requirements, insurance, or route constraints.
6.3 U.S. Sales Tax
We collect U.S. sales tax where required by law.
6.4 International VAT/GST and Duties
For shipments delivered outside the United States, customers are responsible for local VAT/GST, duties, tariffs, brokerage, clearance, and other import fees unless checkout clearly states they are included.
Orders, Acceptance, and Verification
7.1 Order Acceptance
Submitting an Order is an offer to purchase. We reserve the right to accept, reject, hold, or cancel any Order at our discretion, including due to suspected fraud, verification failure, vendor restrictions, inventory/availability, pricing errors, shipping restrictions, export compliance, or other compliance issues.
7.2 Verification for High-Value Orders
For certain Orders (including high-value Orders), we may require additional verification (identity confirmation, address verification, payment validation). We may cancel Orders that cannot be verified.
7.3 Order Confirmation vs Shipping Confirmation
An order confirmation confirms receipt of your Order; it is not a shipment confirmation. Shipment confirmation occurs only when a Vendor/P2P Seller processes the Order and a tracking number is generated.
Cancellations, Changes, and Made-to-Order Items
8.1 Changes/Cancellations
Changes and cancellations must be requested immediately. Many Orders enter processing quickly. Once processing begins, changes or cancellations may be unavailable.
8.2 Made-to-Order and Special Orders
Made-to-order, customized, or special-order items may be non-cancelable and/or non-returnable once production begins, subject to the Refund Policy and vendor terms. If a Vendor has commenced production or committed materials, cancellation may be denied or may incur fees.
Shipping, Delivery, Risk of Loss, and Claims
9.1 Delivery Estimates Are Not Guarantees
All delivery and timeline estimates are non-binding and may change. We are not responsible for delays due to carriers, customs, vendor production schedules, weather, strikes, supply chain disruptions, governmental actions, or other events outside our reasonable control.
9.2 Split Shipments
Orders may ship in multiple packages and/or from multiple locations, with multiple tracking numbers.
9.3 Address Accuracy; Reroutes
You are responsible for providing an accurate address. Reroutes, re-shipments, or returns caused by address errors may incur additional fees and delays.
9.4 Risk of Loss; Delivered but Missing
If a carrier marks a package as delivered, you agree to cooperate with investigations and carrier claim processes. Outcomes may depend on carrier determination, vendor confirmation, and evidence.
9.5 Damage/Incorrect Items—Strict Reporting Window
You must report damage, defects, missing components, or incorrect items within 72 hours of delivery, including photos of: the product, internal packaging, external packaging, and shipping label. Late reports may limit remedies.
Returns, Refunds, and Restocking
Returns and refunds are governed by the Refund Policy. Certain categories may be restricted or non-returnable, including (without limitation) custom/made-to-order items and other items specified in the Refund Policy.
If a return is approved, conditions may apply (unused condition, original packaging, return authorization). Restocking fees, return shipping, and deductions may apply as set forth in the Refund Policy and vendor terms.
Customs, Duties, Tariffs, and Import Compliance
11.1 Customer Responsibility
You are responsible for complying with import regulations in your destination country and paying applicable duties, tariffs, VAT/GST, brokerage, clearance, and related fees unless checkout clearly states otherwise.
11.2 No Undervaluation or Misdeclaration
We cannot mark shipments as "gift," under-declare value, or misrepresent contents. Declarations must be accurate.
11.3 Customs Inspections and Delays
Customs authorities may inspect, hold, or request documentation for shipments. These actions are outside our control. We will assist where reasonable, but customs timelines vary.
Used Gear (P2P) / Peer-to-Peer Marketplace
If the Site offers peer-to-peer listings:
- Platform role: We provide the platform; unless stated otherwise, we are not the seller.
- Seller responsibility: P2P Sellers are responsible for listing accuracy, authenticity, condition, fulfillment, and compliance.
- As-is nature: Used items may be sold as-is unless the listing states otherwise.
- Disputes: We may facilitate disputes and enforce platform rules; we may remove listings and restrict accounts to protect marketplace integrity.
- Additional terms: Separate P2P rules may apply and are incorporated by reference when posted.
Prohibited Conduct and Marketplace Integrity
You may not:
- Violate laws or regulations
- Infringe intellectual property
- Submit false information
- Attempt to circumvent checkout or solicit off-platform transactions where prohibited
- Upload malware, scrape/crawl the Site, or interfere with security
- Harass or abuse others
We may suspend or terminate access, cancel Orders, and restrict accounts for violations.
Export Controls and Sanctions
You may not use the Service if you are located in, or purchasing on behalf of a person or entity in, a jurisdiction subject to applicable sanctions or export restrictions, or if prohibited by U.S. law. We may cancel Orders or restrict Service where necessary to comply with export controls, sanctions, or carrier restrictions.
Chargebacks, Disputes, and Fraud
If you experience an issue, you agree to contact support first and provide reasonable information for investigation. We reserve the right to:
- Contest chargebacks with evidence (order records, carrier confirmations, communication logs)
- Restrict accounts for suspected fraud or abusive disputes
- Require signature confirmation for high-value shipments where feasible
Initiating a chargeback without first attempting resolution through support may result in account restrictions.
Intellectual Property and DMCA
The Site's design, text, graphics, trademarks, and other content are owned by or licensed to us and protected by law. Vendor content may be owned by Vendors or rights holders.
If you believe your copyrighted work is infringed, contact us with a DMCA notice including:
- Identification of the work
- The infringing URL(s)
- Your contact information
- A statement of good faith belief
- A statement under penalty of perjury
User Submissions and Feedback License
If you submit content (reviews, feedback, suggestions, images, etc.), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, translate, distribute, and display that content for lawful business purposes without compensation.
Third-Party Links and Tools
Third-party links or tools may be provided for convenience. We do not control and are not responsible for third-party websites, services, or transactions.
Disclaimer of Warranties
To the maximum extent permitted by law, the Service and all products and services made available through it are provided "AS IS" and "AS AVAILABLE," without warranties of any kind except as expressly stated. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
Limitation of Liability
To the maximum extent permitted by law, The Musicians Club and Brass Club LLC (including affiliates, directors, officers, employees, contractors, agents, and service providers) are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits or loss of data, arising from or related to your use of the Service or purchases made through it.
Where liability cannot be excluded, our total liability is limited to the maximum extent permitted by law and, where applicable, the amount paid by you for the transaction giving rise to the claim.
Indemnification
You agree to indemnify and hold harmless The Musicians Club and Brass Club LLC from claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, misuse of the Service, violation of law, or infringement of third-party rights.
Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including carrier disruptions, customs actions, vendor production constraints, strikes, acts of God, war, terrorism, governmental actions, or platform outages.
Governing Law; Venue
24.1 Governing Law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles, and applicable U.S. federal law.
24.2 Venue
If arbitration is not required or is prohibited by law, you agree to exclusive jurisdiction and venue in the state or federal courts located in Wyoming, unless otherwise required by applicable law.
Termination
We may suspend or terminate your access to the Service at any time for suspected fraud, abuse, violations of these Terms, or legal/compliance reasons. Obligations incurred prior to termination survive.
Changes to These Terms
We may update these Terms at any time by posting revisions on the Site. Your continued use of the Service after changes constitutes acceptance.
Severability
If any provision is held unlawful or unenforceable, the remaining provisions remain in full force.
Entire Agreement
These Terms and the Policies constitute the entire agreement between you and us regarding the Service and supersede prior agreements and communications.
Questions about these Terms should be sent to:
Sheridan, WY 82801
Policy Links