Politicas de privacidad

MUSSITOOLS CENTER PRIVACY POLICY

This Mussitools Center Privacy Policy (“Privacy Policy”) applies to the website located at www.mussitools.net direct the viewer or user to this Privacy Policy as well as other communications with Mussi Tools as identified in this Privacy Policy. We refer to www.mussitools.net, “Site.” In this Privacy Policy, the terms “Mussi Tools,” “we,” “our,” and “us” refer to Mussi Tools Productions, LLC. This Privacy Policy gives you details of our privacy practices, including: (a) what types of information we collect about you; (b) how the information will be used; (c) to whom we disclose the information; and (d) how we safeguard the information.

Your Consent

By using the Site or providing personal information to us at our stores, or through our customer service department in connection with our products or Site or via email or text in response to a mussitools solicitation or communication, you are agreeing to allow mussitools to collect and use your information as described in the Privacy Policy. By using the Site you are also agreeing to our Terms of Use.

What Information Does Mussi Tools Collect and Why?

Information You Voluntarily Give Us:

We may ask or allow you to provide us with personal information on a voluntary basis when you call, email or text us or use certain areas of the Site, and you will be required to provide personal information when you make purchases on the Site. The kinds of personal information that we may request may include, but is not limited to, your name, address, email address, telephone number, fax number and credit card information (collectively, “Personal Information”). In addition, the mobile version of the Site may request access to the location of your mobile device. All such information will be treated in accordance with the terms of this Privacy Policy.

You may be required to register and create an account (“Account”) to use certain areas of our Site. The email address and password used to create your Account can be used for the Site. You are responsible for maintaining the confidentiality of your Account and are responsible for any activities that occur under your Account.

In order to access some of the features of the Site, you must be signed in to your Account. You may also be able to sign in to the Site by using your social media log-in information. If you sign in through a social media service, we may collect the information in your profile that you have allowed the social media service to share with us.

IP Addresses and “Cookie” Information:

As is the case with many websites, the Site logs your IP address and uses standard technology called “cookies,” which are small data files that are downloaded onto your computer when you use the Site. Cookies automatically identify your browser to the mussitools.net server whenever you interact with the Site. We use cookies and the information they provide to improve the Site and the quality of your experience with the Site. We do not link IP addresses to your name, email address or other Personal Information. Certain kinds of cookies allow us to store your information to save you time in filling out forms on the Site. We only send this type of cookie to your browser when you have provided your consent for us to save your profile information.

Web Beacons, Clear GIFs, and Other Technologies:

The Site may also use “web beacons,” “clear GIFs,” or other technologies to obtain certain types of information when your web browser accesses the Site or when you are provided the opportunity to complete surveys, participate in a sweepstakes or other incentives related to the Site, or when you open or respond to any newsletter or other email you may have received from mussitools. These technologies may also be used to deliver cookies that conform to our cookie policy. These technologies may allow us to track your interaction with the Site from all of your devices, including personal computers, mobile devices, and/or tablets. Such cross-device tracking allows us to serve you with relevant advertisements on the most appropriate device.

Information from Third Parties:

Mussi Tools may obtain additional information from third parties and add it to information we have collected from you.

How Does Mussi Tools Use Your Information?

Mussi Tools may use Personal Information and other information collected automatically for a variety of purposes, including, without limitation, to:

• ◾ provide you with the requested services or respond to your inquiries;
• ◾ facilitate your purchase(s) on the Site;
• ◾ conduct surveys, sweepstakes, contests, or other special promotions;
• ◾ monitor consumer interest in our products and services;
• ◾ troubleshoot problems that may arise on the Site;
• ◾ protect against fraud or other criminal activity on the Site and other websites;
• ◾ customize your user experience on the Site;
• ◾ notify you of product or service offerings that we think may be of interest to you;
• ◾ assist us in tailoring our product lines, service offerings and the content of the Site to our customers’ needs;
• ◾ improve the accuracy of our customer database;
• ◾ increase our understanding of our customer database;
• ◾ increase our understanding of our customers;
• ◾ identify potential new customers; and
• ◾ tailor our advertising to our customers.

To assist in these purposes, at certain times, we create a profile relating to you in order to show you the content that we think you might be interested in and to display the content according to your preferences.

Third-Party Optimization Providers:

We contract with one or more online partners to help manage and optimize our Site and communications. We use the services of one or more marketing companies to help us measure the effectiveness of our advertising and how visitors use the Site. To do this, we use web beacons and cookies provided by our marketing companies on the Site. The type of information we collect includes information provided by the customer (including information necessary to complete transactions), IP addresses, cookie information (and other information that tracks browsing and purchasing history). By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from the Site on our behalf, we control how that data may and may not be used.

How Does Mussi Tools Share Information?

Service Providers:

Mussi Tools may disclose Personal Information about individual users to third parties who provide services to Mussi Tools and who agree to maintain the confidentiality of such information in accordance with this Privacy Policy. These third parties provide a variety of services to Mussi Tools, including, without limitation, fulfilling product orders, managing or hosting the Site, helping create new content and promotions for the Site and sending or coordinating the sending of marketing communications to pre-identified users. In situations where you have supplied your information in connection with a question or request for information about a product or service offered by one of our business partners, we may also send the information you have supplied to the business partner(s) that offer such products or services.

Third-Party Advertisers:

We may share your Personal Information, including, without limitation, your name, address and email address, as well as a record of any transactions you conduct on the Site or offline with us, with third-party advertising partners and their service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites.

As Required by Law:

Mussi Tools may be required to share Personal Information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. In addition, we may share certain Personal Information when we believe that doing so is reasonably necessary to protect the rights, property and safety of our company and/or others.

Subsidiaries and Affiliated Companies/Corporate Change:

Mussi Tools may also share Personal Information with controlling entities, entities it controls, and entities under common control. Finally, Mussi Tools may transfer Personal Information to participating companies in the event of a corporate sale, merger, acquisition, dissolution or similar event.

Aggregate/Anonymous Sharing:

We may also share information we collect about you, your devices and other visitors to the Site in an anonymous or aggregated form with our business partners and others without restriction.

Access to Information

You can correct factual errors in your Personal Information by sending us a request that credibly shows any error. If you wish to access, update or correct your Personal Information that we collect through the Site, please contact us by mail at the address shown in the How to Contact section below. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections.

Your Choices

Email Opt Out:

From time to time, Mussi Tools may notify you by email of special promotions, changes to the Site, new product lines or products or service offerings that we think may be of special interest to you. If you decide you no longer want to receive emails notifying you of this information follow the instructions in the promotional message. Email Opt Out requests will be processed within ten (10) days.

Postal Mailing List:

Mussi Tools may occasionally share its postal mailing list or a part of its mailing list with other organizations. If you do not want your name and address shared with other organizations, or do not wish to receive our mailings, please contact us by email.

Please note that requested changes to our postal mailing list may take up to eight (8) weeks to take effect.

Cookies:

If you prefer not to allow us to use “cookies” to collect information, you can disable the cookies by turning them off in your browser, although some areas of the Site may not function properly if you do.

Advertising Opt Out:

To learn more about the use of your information for advertising or to choose not to have your information used by our third-party advertising partners by opting out, please visit the Network Advertising Initiative. You also may be able to opt-out of receiving interest-based advertisements through your mobile device generally by managing the settings on your mobile device.

Location:

You can decline to allow the mobile Site to access your mobile device’s location, either when you are first asked permission or at any other time by using your mobile device settings and controls. Certain features of the mobile Site and the App may not be accessible to you if you do not share location information.

Do Not Track

At this time, the Site do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions. However, you may be able to change your privacy preferences regarding the use of cookies and similar technologies through your browser, as described above. We do not knowingly permit third parties to collect Personal Information about your online activities over time and across different web sites and apps when you use the Site.

Security

To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use these procedures to better safeguard your information.

Our security and privacy policies are periodically reviewed and enhanced as required and only authorized individuals are permitted access to the information that you provide to us. We take physical, technical and administrative measures to safeguard against unauthorized disclosures of Personal Information; however, we cannot guarantee that these measures will prevent breaches of the integrity and security of our network and systems, or that Personal Information will never be accessed or acquired by unauthorized persons, notwithstanding the safeguards we have in place.

Terms and Modifications to Privacy Policy

By using the Site, you agree to the terms of our Privacy Policy. If you do not agree with these terms, you should not use the Site. Mussi Tools may modify this Privacy Policy at any time.

When we make changes to the Privacy Policy, we will change the “Last Updated” date above. If a material change is made to this Privacy Policy, we will post notice of that change on the first page of this Privacy Policy. You are responsible for reviewing this Privacy Policy periodically to ensure that you are aware of any changes to it. Your continued use of the Site constitutes your consent to any changes to this Privacy Policy.

Collection of Children’s Personal Information

The Site is not directed to children under the age of 13, and Mussi Tools does not collect or maintain Personal Information online from children we actually know at the time of collection are under the age of 13. Should we discover that we have collected Personal Information online from a child who is under 13, we will promptly delete that Personal Information. If you have concerns over the collection of children’s Personal Information on the Site, please contact us at the address in the How to Contact section below.

How to Contact

If you have any questions or concerns about this Privacy Policy and/or if you want to exercise any of the rights that you are given under this Privacy Policy, please contact us by mail at:

Mussi Tools
66 West Flagler Street, Suite 900
Miami, Fl. 33130
Attention: Legal Department

If you communicate with us, we may retain your correspondence to improve our products, services, and the Site, and for other disclosed purposes. We may use information you provide to us in order to send you updates, such as notifications of changes to the terms of our services or important information about our services and products.

MUSSI TOOLS REFUND POLICY

45 Day Satisfaction Guarantee – Limitations and Exceptions Apply*

Our goal is your total satisfaction.

If you’re not satisfied, neither are we. If for any reason you’re not completely satisfied with your purchase, simply return it in its original condition within 45 days of purchase (see Limitations and Exceptions to 45-day Return Period below) and we’ll give you a full refund of the purchase price, excluding shipping and handling charges. It’s that simple. You must have a return authorization code in order to return items by mail. Returned items must be in original, brand-new condition and show no signs of wear or use including, but not limited to, belt-buckle or pick scratches, scuffs, dings or scrapes on the instrument or collateral materials. Items must also include all original packaging, manuals, warrantees and accessories or your return may be subject to a return handling charge. Your refund will be promptly processed when we have confirmed that your returned item meets these requirements.

*Limitations and Exceptions to 45-day Return Period

Returns of the following products must be made within 14 days of purchase – Recording devices, DJ equipment, workstation keyboards, rack signal processors and lighting/fog machines

Returns of the following products must be made within 3 days of purchase – Vintage instruments

The following products cannot be returned – Clearance items, items identified as non-returnable, discontinued items, Apple hardware, computers, opened software, electronic software downloads, books, CDs, videos, turntable cartridges, tubes, in ear buds, earplugs and in ear monitors, fog fluid, harmonicas, cleaning products, demo gear, microphones, special orders — both custom/special orders and items we don’t stock

The following fees apply to Band & Orchestra returns – All returned woodwind and brass instruments incur a $10.00 sanitization fee. Returned bows are assessed a $4.00 restocking fee. Returned mouthpieces over $300 incur an $8.00 sanitization fee; the fee for mouthpieces under $300 is $4.00

Abuse of Return Privileges

Our return policy is in place to ensure our customers don’t get stuck with the wrong piece of gear. We may, in our sole discretion, limit or suspend return privileges for customers who abuse or attempt to violate our return policy through practices including, but not limited to, excessive returns, attempts to return items that are no longer in brand-new condition, etc.

International Returns

Refer to your packing list for international return instructions. If you have questions or need assistance, please call our customer service representatives at 1-888-427-0885.

Requesting to Return a Product By Mail

Contact our experts at 1-888-427-0885 to obtain a return authorization. Online orders not being returned to a retail location should be shipped to:

Mussi Tools

(Your RA #)

66 West Flagler Street, Suite 900

Miami, Fl. 33130

Cash Refund Policy:

Refunds for cash purchases over $350.00 will be made by check.

MUSSI TOOLS SHIPPING POLICY

Hundreds of items qualify for free shipping.

While we’d love to ship everything free, there are some exclusions. Free Shipping does not apply to special orders, oversized/overweight products, in-store used, vintage and clearance products or other items that note that free shipping is not available.

Shipping and Delivery Times

Your order will ship based on the time it was placed and what shipping option you choose. Use the table below to determine when your order will ship.

In Stock

1,2, or 3-Day Shipping

Order Placed Before 3:00pm 
Eastern Time Zone M-F

Estimated delivery times apply from the time your order is placed.

International Orders Only for Chile the delivery time is 5-12 business days
In this Mussi Tools Shipping, Taxes and Title Policy, the terms “Mussi Tools,” “we,” “our,” and “us” refer to Mussitools Productions, LLC.

Title to Products Shipped

All items purchased from Mussi Tools are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Contact Us

For more information on shipping call us at 1-888-427-0885.

Tracking Packages

Tracking numbers are emailed to the address you entered when order was placed or the main email address on your mussitools.net account, as soon as the package leaves our warehouse. Please contact us, if you have not received your tracking information within 48 hours of your order.

Non-Delivery, Damage and Insurance Investigations

It is the responsibility of the purchaser to track and verify the delivery of products purchased from mussitools.net
If tracking information indicates and issue or if package has not been received with 20 days of shipment, you must contact mussitools.net to will work with our shipping providers and provide details directly to you once available. Some investigations can take up to a month to conduct based upon the cause of delay and the carrier of shipment. Please understand that we have no control over delay times, especially those caused by Customs or other Government involvement.

It is the responsibility of the receiver to notify us immediately upon identification of possible tampering with or damage to a package. If you receive a damaged or opened package, you must also report this immediately to the carrier delivering package. If package was delivered in your absence, contact the courier immediately upon identification of an issue and make sure to note any case/reference number they provide. Also, please take digital photos of the condition of the box and/or it’s contents immediately and contact us with the specific details. Mussitools.com will make every attempt to initiate and process an insurance claim on your behalf, however we cannot guarantee a claim will be successful. Due to the delays and uncertainty of insurance claim processing, we will be unable to ship replacement parts until claim is closed and monies received. If there is an urgent need for an item, customer must purchase a new item and Mussitools.com will refund original purchase price upon receipt of reimbursement from Insurance company

If Mussitools.com is not notified of failure to deliver package within 60 days, it is assumed that customer has received the package. After 90 days from shipment, due to courier tracking limitations, we have no resources available to locate package and will be unable to assist you. Please avoid this problem by keeping close contact with Mussitools.com if you suspect your package has been misplaced/lost/stolen.

MUSSI TOOLS DISPUTE RESOLUTION POLICY

1. Agreement

Read this Dispute Resolution Policy (“Agreement”) carefully. This Agreement explains how you and Mussi Tools will resolve any Dispute (as defined below). This Agreement explains the only way such Disputes will be resolved. As explained further below, under this Agreement:

• ALL DISPUTES WILL BE RESOLVED BY INDIVIDUAL, BINDING, NON-CLASS ARBITRATION
  • DISPUTES WILLNOTBE RESOLVED IN COURT
  • DISPUTES WILL NOT BE RESOLVED BY JUDGE OR JURY
  • THERE WILL BE NO CLASS ACTIONS OR CLASS ARBITRATIONS

If you agree to our Purchase Terms or our Terms of Use or otherwise agree to this Agreement, you consent to all of these terms.

2. Parties

This is an agreement between you and Mussi Tools Stores, Inc. (“Mussi Tools,” “we,” “our,” and “us”).

The Agreement also benefits Mussi Tools’s agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing products or services to you in connection with or related to your purchase of a product or service from Mussi Tools. These are called “Related Parties”.

3. Disputes

The Agreement applies to any dispute between you and Mussi Tools and/or Related Parties. A Dispute is a disagreement that could be the subject of a civil lawsuit or administrative complaint.

Disputes include, for example, claims that you, Mussi Tools, or Related Parties:

• Violated a federal or state law;
  • Breached a contract;
  • Were reckless or negligent, and caused harm;
  • Committed some intentional harm (a tort); or
  • As a matter of equity, owe something not yet paid.

These are just examples. Disputes also include:

• demands for money;
  • demands that a party takes some action, or refrains from taking action (injunctive relief); and
  • demands for a court or administrative body to say who is right and who is wrong (declaratory relief)

4. Negotiation

You and Mussi Tools agree to first attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding.

Negotiations will begin upon receipt of written notice by the party raising the Dispute. Mussi Tools will send its notice using available information – for example, if available, it will mail a copy to you at your billing address and will e-mail a copy to you at the e-mail address you have provided to us.

You will send your notice to:

Mussi Tools
66 West Flagler St, Suite 900
Miami, Fl. 33130
Attn: General Counsel

5. Binding Arbitration

If a Dispute cannot be resolved through negotiations within thirty (30) days, either you or Mussi Tools may elect to have the Dispute resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.

• In arbitration, a private organization (“the Arbitrator”) decides the Dispute. This is not a judge, and there is no jury.• The Arbitrator follows the procedural rules that the parties agreed to beforehand, as well as the Arbitrator’s own rules.• The Arbitrator’s decision is binding and cannot be appealed, except in limited circumstances like fraud or collusion.

6. Scope of Arbitration

The Arbitrator will determine the scope and enforceability of this Agreement, including whether a Dispute is subject to arbitration. The Arbitrator has authority to decide all issues of what can and cannot be arbitrated.

Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Mussi Tools can request the stay be lifted upon a showing of prejudice.

7. Selection of Arbitrator

Any arbitration under this Agreement will be conducted by JAMS:

https://www.jamsadr.com/about-jams/

If for any reason JAMS is unable to conduct the arbitration, either you or Mussi Tools may seek resolution of the Dispute through arbitration by another national arbitration company.

8. Selection of Rules

Any arbitration under this Agreement will be conducted pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at:

https://www.jamsadr.com/rules-streamlined-arbitration/

If for any reason JAMS is not available or no longer maintains these rules, the Arbitrator will apply the closest equivalent set of rules.

9. Conduct of Arbitration

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The Arbitrator will decide the fairest way to proceed.

The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.

The Arbitrator will make a decision in writing. If you or Mussi Tools asks for it, the Arbitrator will provide a statement of the reasons on which the decision was based. The arbitrator must follow the applicable law.

The decision of the Arbitrator shall be final and binding on you and Mussi Tools, and any award of the Arbitrator may be entered in any court of competent jurisdiction.

10. Costs and Discovery

In some instances, the costs of arbitration could exceed the costs of litigation. You and Mussi Tools agree that you shall each bear your own costs of arbitration, including, without limitation, attorneys’ fees.

11. Class and Collective Action Waiver

You and Mussi Tools agree that any arbitration or court proceeding shall be limited to the Dispute between Mussi Tools and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

1. a) A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND MUSSI TOOLS;
2. b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO USE CLASS ACTION PROCEDURES; AND
3. c) YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

Any Dispute regarding the prohibitions in the prior sections will be resolved by the Arbitrator in accordance with this Agreement.

If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to Arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within Miami Dade County, State of Florida, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Mussi Tools agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.

12. Jurisdiction

There is a federal law that applies here, the Federal Arbitration Act, 9 U.S. Code § 1, et seq. The Federal Arbitration Act will apply to any Disputes.

You or Mussi Tools can seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You and Mussi Tools agree to submit to the jurisdiction of the state and federal court in Miami-Dade, Florida for such provisional remedies or to enforce this Agreement, and we both irrevocably submit to the exclusive jurisdiction and venue of such courts.