Please Note:

Prices subject to exchange rate fluctuations.

Terms & Conditions

 

General Information

 

  1. The Website is owned by Alkema’s Music Accessories CC, trading as Allmusic at www.allmusic.co.za.

  2. Our Terms and Conditions concern ordering, sales and delivery of purchases and the use of the Website.

  3. These Terms and Conditions are binding and enforceable against each person (“you”, “your” or “user”) that accesses or uses this Website. By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.

  4. The categories on the Website enables you to shop online for printed music books and music accessories.

  5. The term ‘Goods’ applies to all printed (sheet) music in stock at Allmusic.

  6. These Terms and Conditions apply consumers for purposes of the Consumer Protection Act, 68 of 2008 (CPA).

  7. The Terms and Conditions contain provisions which may limit the risk or liability of Allmusic or a third party; and/or may create risk or liability for the user; and/or may compel the user to indemnify Allmusic or a third party; and/or serves as an acknowledgement, by the user, of a fact.

  8. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Allmusic in terms of the CPA.

  9. Allmusic permits the use of this Website subject to the Terms and Conditions. By using this Website, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

 

Use of the Website

 

  1. Unless a business has an agreement with Allmusic, online purchases from Allmusic are not for re-sale.

  2. You agree that you will not in any way use any device, software, or other instrument, to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained therein.

  3. You may not to use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

  4. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the written consent of Allmusic.

 

Sales, Availability and Cancellations

 

  1. Users may place orders for Goods which Allmusic will accept, but can also rejected if the information is incorrect, and payment has not been received.

  2. Please note that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of items for sale by Allmusic, Allmusic will take all reasonable efforts to monitor stock levels and ensure that, when stock is no longer available, to communicate with you about alternatives or refund.

  3. Once Allmusic receives proof of payment, the Goods will be shipped in accordance with the shipping method indicated by you on the Allmusic Website, regardless of any communication from Allmusic stating that payment has been confirmed. If Allmusic rejects your order by cancelling it after payment has been received, a refund for any amount paid will be processed as soon as possible.

  4. An order can be cancelled by you prior to shipment. If payment has already been received, a refund for the amount paid will be processed as soon as possible.

  5. Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order and Goods may be removed from the shopping basket if stock is no longer available or if the price thereof might have changed. Allmusic cannot be held liable if such Goods are not available, or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

  6. When stock is not available after placing an order, Allmusic will notify you and you will be entitled to a refund of the amount paid by you for such Goods, or accept an alternative option.

  7. Should Allmusic suspect that any Goods are purchased for the purpose of re-sale, we are entitled to cancel your order immediately without notice to you.

 

Pricing

 

  1. Allmusic offers competitive prices on all their Goods.

  2. All Goods are VAT included.

  3. Pricing applies to all orders of Goods on the day of purchase.

  4. The order price includes the total price of all Goods purchased, shipping charges, and tax charges.

  5. Allmusic reserves the right to change their pricing at any time without prior notice. This can be due to the fluctuation of the exchange rate which influences pricing of our new stock, or an increase of the purchase price by our distributors or courier services, among others.

 

Banking Details:

 

Account name:      Allmusic

Bank:                     ABSA
Account no.:          4068138942

Branch code:         632005
Account Type:       Current

 

Security

 

Allmusic uses PayFast for online purchases. Security and Fraud Prevention is clearly outlined on the PayFast website (https://www.payfast.co.za/security-fraud/). Please consult their website for more information, as it remains your responsibility to verify whether PayFast is a secure payment method. The first paragraph of the website is quoted here:

PayFast is committed to keeping you, your customers and all sensitive information secure. We have a multitude of automated and manual checks in place to protect both buyers and sellers from fraudulent transactions. Online retail has a fraud rate between 1 and 2% of all transactions. Through effective controls, PayFast’s is currently below 0,2% and still going down.

 

Errors

 

Allmusic will take all reasonable precaution to accurately reflect the description, availability, purchase price and shipping charges of the Goods on our Website. However, should there be any error of whatsoever nature on the Website, we will not be liable for any loss, claim or expenses relating to a transaction based on this error, other than an incorrect purchase price which we will refunded to you if already paid, or otherwise as set out in the Returns.

 

Changes to these Terms and Conditions

 

  1. Allmusic may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

  2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

Ownership and Copyright

 

  1. The complete content of the Website is protected by law, including but not limited to copyright and trade mark law.

  2. Website Content is the property of Allmusic and is licensed to Allmusic.

  3. You will not have any right to the Website or the Website Content.

 

Disclaimer

 

  1. The use of the Website is entirely at your own choice, discretion and risk, and as such, you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

  2. Whilst Allmusic takes reasonable measures to ensure that the content of the Website is accurate and complete, Allmusic cannot guarantee, whether expressed or implied, as to the quality, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of the information on the Website. Allmusic disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

  3. Although items sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information on the Website is provided as is, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

  4. Any views or statements made or expressed on the Website are not necessarily the views of Allmusic, its directors, employees and/or agents.

  5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Allmusic also makes no warranty or representation, whether expressed or implied, that the information or files available on the Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Allmusic, its employees, agents or authorized representatives. Allmusic thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

 

Limitation of Liability

 

  1. Allmusic cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Allmusic, its employees, agents or authorized representatives.

  2. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@allmusic.co.za or by contacting 021 981 5551.

  3. Allmusic shall not be held liable for any direct, indirect, incidental, special or consequential loss of damages which might arise from the use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party Website.

  4. You hereby indemnify Allmusic from any loss, claim, or damage which you may have suffered or any third may have suffered from the use of this Website and/or any third party Website.

 

Availability and Termination

 

  1. Allmusic will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

  2. Allmusic may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Allmusic will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time.

  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any items, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

  4. Allmusic is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or voucher intended by Allmusic to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Allmusic, in whole or in part, on notice to you. Allmusic shall only be liable to refund monies already paid by you (see Allmusic Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

  5. At any time, you can choose to stop using the Website, with or without notice to Allmusic.

 

Governing Law and Jurisdiction

 

  1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

  2. In the event of any dispute arising between you and Allmusic, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

  3. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum  of competent jurisdiction in terms of the CPA.

 

Notices & Address

 

  1. Allmusic’s legal address is 36 Jeanette Street, Brackenfell, 7560, for all formal notices and legal processes in connection with these Terms and Conditions. Allmusic may change this address by updating these Terms and Conditions.

  2. Notices are sent per email.

  3. You hereby select the delivery address specified with your order as your legal address.

 

Information

 

For the purposes of the ECT Act, Allmusic information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

 

Full name: Alkema’s Music Accessories t/a Allmusic

Main business: Musical retailer

Physical address for receipt of legal service (also postal and street address):

36 Jeanette Street, Brackenfell, 7650, South Africa

Office bearers: Sjoerd Alkema, Anna-Marie Alkema

Phone number: 021 981 5551

Fax number: 021 981 5552

Official email address: info@allmusic.co.za

 

General

 

  1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

  2. Any failure on the part of you or Allmusic to enforce any right in terms hereof shall not constitute a waiver of that right.

  3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

  4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

  5. These Terms and Conditions contain the whole agreement between you and Allmusic and no other warranty or undertaking is valid, unless contained in this document between the parties.