Conditions of Use

 

SERVICES AND CONDITIONS OF USE

ChooChooMusic.com is a service which allows the individual consumer (the "Customer") to order products (the "Merchandise") supplied by independent merchandise vendors (the "Vendors"). By using ChooChooMusic.com, you acknowledge that the Vendors are responsible for the fulfillment of all Merchandise ordered, and that the Vendor, not Bova's Music & Train Shoppe or any of its subsidiaries, is responsible for Merchandise shipments. All Merchandise advertising claims and specification are those of their respective Vendors, not Bova's Music & Train Shoppe. Inquiries concerning credit card billing may be directed to Bova's Music & Train Shoppe, address shown below or e-mailed to customerservice@choochoomusic.com. By shopping at ChooChooMusic.com, you acknowledge the Limitation of Liability outlined herein and agree to use ChooChooMusic.com in a manner consistent with applicable laws and regulations.

PRICE AND PAYMENT

Customer agrees to pay all amounts accrued in Customer accounts, including applicable sales tax and shipping and handling charges as they are defined at the time of purchase. ChooChooMusic.com reserves the right to decline service for non-credit worthy purchasers and may decline service or terminate accounts on accounts with accrued arrears or non-payment. ChooChooMusic.com reserves the right to modify the prices of any and all Merchandise listed on our web page, and the rights to use ChooChooMusic.com by the Customer are subject to any limits established by the credit card issuer on Customer credit. Customer agrees that Bova's Music & Train Shoppe may bill the Customer credit card at the time the product is shipped. Customers paying with check agree that Bova's Music & Train Shoppe will deposit the check ten (10) days before shipment is made to allow check to clear. Money orders require no deposit time. Customer also acknowledges that Bova's Music & Train Shoppe and its Vendors are not responsible and shall not be held liable for any breaches in transaction security by third parties. ChooChooMusic.com is not legally responsible to offer products at the listed price as these prices can change at any time.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

Customer agrees that the use of ChooChooMusic.com and the purchase of the products within are made at the Customer's own risk. ChooChooMusic.com and the Merchandise is made available for purchase "as is" without warranty of any kind beyond the return of new, unused items found in the "return" policy. Bova's Music & Train Shoppe may not be accountable for any damage liability, direct, indirect, or consequential, that may arise from the purchase of any Merchandise, including, but not limited to the use of ChooChooMusic.com, or the use of any Merchandise.

NOTICE

Bova's Music & Train Shoppe may give notice to Customers by means of email to the Customer directly, or through a general posting in ChooChooMusic.com or by written notice by electronic mail to the email address indicated on a Customer order or by written notice by first class mail to a Customer billing address in our records. Customer may give notice to Bova's Music & Train Shoppe by:

1. email to customerservice@choochoomusic.com

2. first class mail to:

Bova's Music & Train Shoppe

Attn: Customer Service

31 McClurg St

Westfield, NY 14787

 

INDEMNIFICATION

Customer agrees to indemnify and hold Bova's Music & Train Shoppe, its successors, assigns, affiliates, employees, and directors harmless from any dispute that might arise from a breach of this Agreement, and Bova's Music & Train Shoppe shall not be held accountable for any expenses associated with such claims, including but not limited to attorney fees, court costs, and other expenses associated with the use of Bova's Music & Train Shoppe or any claims made regarding Agreement breach.

TERMINATION OF SERVICE

Bova's Music & Train Shoppe may terminate a Customers access to service at any time without notice for conduct perceived to be in violation of this Agreement or other policies or guidelines posted on Bova's Music & Train Shoppe, including online conduct inappropriate or harmful to the service or to other service users.

CHOICE OF LAW

This Agreement shall be controlled and interpreted by and under the laws of the state of New York; the laws of the state of New York shall govern any disputed regarding this Agreement or ChooChooMusic.com

MERGER CLAUSE

Bova's Music & Train Shoppe may amend or modify this Agreement at any time upon notice to Customer as published in ChooChooMusic.com. Any use of ChooChooMusic.com shall be deemed acceptance of the terms of Agreement at that time.

WEB PAGE INFORMATION

Bova's Music & Train Shoppe retains the right to change any or all information contained on our page at any time. We in no way can be held responsible for information appearing on our page. By using the ChooChooMusic page you agree that information derived could be inaccurate. Bova's Music & Train Shoppe can not be held liable for any damage that might result from any item or information purchased or copied from ChooChooMusic.com. All pictures are only a representation of the item. Colors are subject to change without notice.

 

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