Terms:
Orders are prepaid only. Orders cannot be billed, paid by check or shipped collect.
Payment method:
All orders must be prepaid via VISA or MasterCard at the time of purchase.
Payments
All funds received shall be accepted and/or deposited without prejudice.
All bank payments (wire, ACH, etc.) will be applied only after they have fully cleared in our bank (please allow at least 24 hours from when you send payment) and another 24 hours once payment has been settled by our bank, i.e. minimum two days. Payment will only be processed if we have received an email notice from you (the vendor) advising us that payment was made and on how to apply the monies by identifying the invoice numbers that are being settled by the payment. Do not wait until the last two days prior to due date if you are expecting credit to be applied.
Order Processing and Shipping:
Orders will be shipped to the address given at checkout, via the freight carrier specified at checkout. Lead time for order fulfillment is 3-5 business days, plus the freight carrier time in transit.
Shipping
Individual customers are responsible for choosing the shipping method and assume all responsibility for merchandise once it leaves the warehouse. Please note that all customers located outside the U.S. and Canada must have a valid working shipping account with FedEx, UPS or DHL to place an order with us. We cannot assist in the creation of a shipping account and make no warranty or representation on behalf of any shipping company.
Service fee:
A service fee of 1.5% up to a maximum charge of $50.00 will be charged per order, and is included in shipping & handling.
Tax:
Tax on merchandise is charged to orders shipping to New York State at a rate of 8.750%.
Cancellation fee:
A fee of 15% of the price of merchandise will be charged on all SUBMITTED orders which are subsequently cancelled.
Returns:
Bourne Co. offers a 30 day return policy from date of purchase for credit when returns are accompanied with a copy of the invoice. Conditions apply. Customer is responsible for shipping charges unless the product was shipped in error. A restocking fee of up to 35% of the retail price will apply to returns.
All returns must be sent via a secure and economical method to: Bourne Co., c/o Vicks Lithograph and Printing Corporation, 5166 Commercial Drive, Yorkville, NY 13495. The customer will bear the freight costs for any returns sent erroneously to the Bourne Co. Manhattan, NY offices instead of to Vicks Lithograph and Printing Corporation.
Damaged/Defective Merchandise:
Customers should not sign for damaged merchandise and advise Bourne Co. immediately via e-mail referencing the invoice number of order and must also include a photo of the damage including a photo of the damaged carton, if applicable. The carton should be retained until the matter is resolved. For a defective item a credit authorization must be requested via e-mail.
In General
Bourne Co. (“www.bournemusic.com”) owns and operate this Website. This document governs your relationship with www.bournemusic.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by www.bournemusic.com. www.bournemusic.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
We do not share your information with anyone. We reserve the right to use certain customer information for general sales analysis and possible future promotions.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.bournemusic.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.bournemusic.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.bournemusic.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Though we strive to fulfill orders within a 1-3 business day window, dispatch times may vary according to availability and subject to any delays resulting from shipping carrier delays or force majeure for which we will not be responsible.
In order to contract with www.bournemusic.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.bournemusic.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.bournemusic.com or may in some cases be a third party. Where a contract is made with a third party www.bournemusic.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. Once the order has shipped from our warehouse, we will send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Amount'.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.bournemusic.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.bournemusic.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. You may not life and use any image from our website without express permission.
Indemnity
You agree to indemnify, defend and hold harmless www.bournemusic.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
www.bournemusic.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.bournemusic.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.bournemusic.com.