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

1. 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.

2. 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.

The Regular Retail Price

1. 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 (“purchase price”).

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 R850.00 or more, in main delivery centres within South Africa, Marshall Music delivers door-to-door free of charge.

2. For orders under R850, 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 [email protected] 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 [email protected]

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.

Marshall Music does not accept returns outside South Africa.

The Delivery and Returns Policy informs your rights in this regard.

10. Terms and conditions for International deliveries (deliveries outside of South Africa)

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 on 011 804 1362 or [email protected]

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 [email protected]

11. Sales records

Complete records of each transaction between you and Marshall Muisic 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 or
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.

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.

You can check the balance of a gift voucher within your user account section.

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 [email protected]

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.

It is your responsibility, before accepting these Ts & Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Marshall Music ‘s official stance.

We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
Applicable Laws

This site is offered, controlled and run from the Republic of South Africa. As such it is governed by South African legislation, and subject to the disputes clause in these Ts & Cs.

You and Marshall Music are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.

Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

15. Privacy

Marshall Music has to take all reasonable steps to protect your personal information. For the ends of this clause, “”personal information”” is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA).

Marshall Music is authorised to gather, store and use the following of your information:

Name and surname
Date of birth
Sex
Citizenship
Nearest city
Non-personal click patterns
Email address
IP address, and
ID or passport number

Marshall Music is entitled to gather, store and use the above information for the following purposes:

1. To greet you when you access the site
2. To inform you (if you have agreed to this) of facts regarding your access and use of the site
3. To inform you (if you have agreed to this) of competitions and promotions offered by Marshall Music or its partners
4. To set up non-personal statistics about internet habits, click patterns and access to the site
5. To verify your identity when you make a transaction through Marshall Music
6. To ensure the products are received by the addressee
7. For remarketing purposes
8. The above information is either gathered electronically through the use of “”cookies””, or provided by you voluntarily. You can regulate the use of “”cookies”” independently with your personal search engine settings
9. You can choose to not receive any direct marketing information from Marshall Music and its partners

Marshall Music is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions:

Marshall Music may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process.

Marshall Music may compile, use and share any information that has no bearing on any particular individual, and Marshall Music owns and reserves the right to non-personal statistical information gathered and complied by Marshall Music.

You acknowledge and agree that certain personal information (such as your full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products you have bought.”

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 [email protected] (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

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: (Pty) Ltd t/s
Company Reg. No.:
Core business: Online Retail

Legal Notice Address:
P. O. Box 76618, Wendywood, 2144

Directors:
D.P Marshall
J.E Marshall

Website: www.marshallmusic.co.za
Official email address: [email protected]