Boomer Music Terms & Conditions
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.boomermusiccompany.com (the “Service”) operated by Boomer Music Company (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Privacy
Boomer Music collects personal data in regards to the rental or purchase of items on our site. We also use cookies to collect site data that allows for a better shopping experience. For more detailed information, please refer to our Privacy Policy.
Payments
Payments made at www.boomermusiccompany.com are processed through Heartland Payment Services.
Accessories
Accessories (defined as anything that is not an instrument) are one time payments taken at checkout. Payments for any accessories are taken at the time of checkout and then items are shipped out or set aside for pickup per customer request. Return of accessories will only be accepted if there is manufacturer error. Customers will need to call or email the store to describe the problem and see if they qualify for a return. It is the customer’s responsibility to pay for return shipping on any items accepted for return. Otherwise all sales are final. Refunds of accessories will be applied when the accepted return arrives back at the store.
Instrument Rentals
Instruments are rented on a month-to-month basis with recurring payments being deducted automatically from the card provided at checkout on the same day each month as the first payment (see Contract for full details). Payments are paid in advance for the month (i.e. the one today pays for next month) and your first payment constitutes your first month’s rent. This payment information is then retained using a tokenization system (refer to Privacy Policy for detailed information) and used for subsequent monthly payments. The customer is allowed to choose if they want to pay for an automatic maintenance plan at the time of the rental and this is also paid for at the checkout and continually each month thereafter. Rental payments amounts will always remain the same from the first rental payment with the exception of tax change. If tax rates change, we are required to modify your rental rate to reflect the new rate. Boomer Music does not send out notices when tax rates are modified. These payment changes are non-negotiable. Payment on a rental may be stopped at any time once the instrument is returned to Boomer Music or one of its affiliates.
Rental Payment Refunds & Abandoned Orders: Refunds can be granted if a customer cancels an online order within 3 days of the order placement or if a rental is returned within three days of their monthly payment due date. Rental payments outside of those three days will be kept in full. Any online order that has not been picked up within 2 weeks of its processed date will be canceled with no option for refund.
Late fees: a $5 late fee is applied on delinquent contracts every 15 days up until 45 days past due. At that point the account is assigned to a collections agency. Notices will be generated every 15 days and mailed to the physical address collected at checkout. If there is any dispute regarding payments or late fees, the customer needs to contact the store at 970-223-2424 or email.
Collections: in the event of 45 days of nonpayment on an instrument rental, Boomer music reserves the right to send the customer account to a collection agency for the remainder of the amount owed on the instrument. If the instrument is returned and a balance is still owed, Boomer Music will devise a payment plan with the customer to collect the delinquent amount. Failure to comply with this plan will result in the account being sent to collections for the remainder of the amount owed. Once an account is sent to the collection agency, Boomer Music has no more control over the account and the renter needs to contact the collection agency directly. Information regarding this will be sent in a letter to the address provided at checkout.
Shipping
Currently only accessories are available for shipping. All accessories are shipped via UPS or USPS within 2 business days of the order being received. Once the package has been picked up by this service, disputes need to be submitted to the shipping service. Shipping will be charged to the customer based on their selection at checkout. Instruments are not currently available for shipping and can either be picked up at our store (or one of our affiliates) or may be eligible for delivery to your school via our road reps.
Boomer Music road reps make weekly visits to schools from Denver, Colorado to Laramie, Wyoming. Schools on their normal route are eligible for delivery of instruments and accessories to that school. Deliveries via road reps are on a regular weekly schedule and special trips are not made to get the instrument to the school faster. Generally you can expect delivery of an instrument rental within a week of the rental submission online. In the event of Summer Band or the beginning of school, mass deliveries are scheduled to ensure that your instrument will arrive on time for your student’s program.
Problems with deliveries (such as late delivery) will be assessed on a case-by-case basis.
Instrument Rentals
Condition: All instruments are cleaned and maintained by our onsite repair shop, so they will all function optimally. Used instruments may have signs of wear and tear; these have been determined to be purely cosmetic and do not interfere with the playability of the instrument. If there are concerns regarding the condition of your instrument, contact us at 970-223-2424.
Availability: In the event that your specific instrument request (i.e. new/used condition, sizing, or model) is unavailable at the time of your first payment Boomer Music will contact you at the phone number you provided to discuss what options are currently available or when we expect stock to be available.
Sizing: Boomer Music strongly encourages students to come into the store or speak with their instructor about sizing an instrument. If that is unavailable to the renter, Boomer provides guidelines for picking sizes. Boomer music is not responsible for renter failure to understand or read these guidelines.
Exchanges: Boomer Music provides and equity transfer program that permits exchanges from one rental instrument to another while retaining the majority of your equity. This equity is credit that can only be transferred from one band or orchestra instrument to another single band or orchestra instrument. It is not store credit that can be applied to any item in the store. This equity can be applied towards switching instruments or upgrading instruments and stays within the family, but is not limited to the specific student. If the customer is interested in exchanging their instrument, they must contact Boomer Music Company at (970) 223-2424.
Rental Contract
Instruments rented through this site are subject to the terms of the Rental/Purchase Contract. It is your responsibility to read and understand those terms when renting an instrument. By agreeing to the rental on the checkout page you are legally accepting these terms as specified below.
Rental Period
This rental is on a month-to-month basis with the option to purchase, exchange or return the instrument at any time. For the first three months of a rental, one hundred percent (100%) of the rental cost will be applied toward the purchase of the rental, after which ninety percent (90%) of each monthly rental payment applies towards its purchase. If the renter chooses to purchase the instrument within the first three months a twenty percent (20%) discount will be applied to the retail price. There is never an obligation to purchase the rented instrument. The renter may return the instrument, in good working order, at any time during the rental period. At that time, renter agrees to pay all outstanding rent, late charges, and damage beyond normal wear. If renter changes to another band or orchestra instrument, a portion of the accumulated equity may apply towards a single instrument. This equity must be transferred the same day as the return of the previous instrument.
Past Due Accounts
Renter agrees to make payments on or before the due date. A $5 late charge will be assessed after a 3 day grace period and for every two week period following the initial late charge until all payments and late charges are received. Late fees are subject to change without notice. Any account that is more than 15 days past due will be charged to the credit / debit card provided during rental. You will not be contacted prior to this charge being made. Any account forty five (45) days or more past due will result in the account being sent to an outside collection agency in the amount of the full balance due to purchase the instrument. Once the account has been assigned to the collection agency, the renter will incur additional legal and collection fees, even if the instrument is returned.
Contact Information Change
Renter shall notify Boomer Music Company of any changes in contact or credit card information in a timely manner. Failure to do so will result in additional charges should the account go past due.
Repair and Maintenance
An optional maintenance plan is available for most rental instruments. At the time of the original rental, the renter shall choose to accept or decline this plan. The cost of this maintenance plan is in addition to the monthly rental fee and will provide all maintenance repairs to keep the instrument in good playing condition due to normal use. In cases of damage, negligence, abuse or misuse the costs of additional repairs will be covered 50% by the Boomer Maintenance agreement and 50% by being charged to the renter. Repeated intentional damage, abuse or misuse may result in the full repair cost for the instrument. This plan does not cover damage deemed beyond repair or a total loss of the instrument. Consumables such as reeds, woodwind mouthpieces, valve oil, or strings are not included in the maintenance plan. If renter chooses not to accept this plan the renter will be responsible for insuring that the instrument remains in good playing condition for the duration of the rental and upon its return. All claims and warranties are voided by repair work not done by Boomer Music.
Insurance
Rented instruments are not insured by Boomer Music Company. Renter shall be liable to Boomer Music Company for the full price of the instrument, less any monies applied, in the even of loss, theft, or damage beyond repair.
Loaner Instruments
Loaner instruments may be available for renters with maintenance subject to the following: availability of an instrument, a current contract with maintenance and an inability by Boomer Music to complete the repair within 2 business days. A loaner will not be granted if the rental instrument is believed to be intentionally damaged. The loaner must be returned at the same time that the repaired instrument is picked up or delivered. If the loaner is kept for 30 or more days after repair completion, the loaner instrument will be subject to regular rental rates. The renter is responsible for any damage done to the loaner while it is in their possession.
Instrument Return
A rented instrument may be returned at any time during the rental period. The customer is responsible for returning the instrument to Boomer Music or one of its affiliate locations. If returned in the middle of a rental period any portion of a month used will count as a full month rental. There is no prorated refund for instruments returned in the middle of a rental period. Any additional amount paid above and beyond the usual rental fee will not be refunded in the event the instrument is returned and not purchased. If an instrument was originally delivered to a school, the renter MUST notify Boomer Music if they intend to return it to the school to terminate their contract. Failure to notify Boomer Music will result in monthly rental payments continuing to be deducted until the instrument is returned to our store. If upon inspection, the instrument is found to be in need of service (beyond normal wear and tear) or is missing any parts or accessories that were included with the original rental (not including reeds for woodwind instruments), the renter agrees to pay for such damage, missing equipment, and any outstanding rent and/or late charges at that time. Automatic monthly payments will only be stopped once the instrument is returned to Boomer Music or one of its affiliate locations.
Automatic Monthly Payment
The credit card provided at the time of rental will be automatically billed at the time of rental for the total in the cart and each month on the rental due date solely for the total monthly payment due (inclusive of tax and applicable maintenance fees).
Disclaimer
This rental agreement is solely between Renter and Boomer Music Company. No agreements with any other sub-contractor, agent, or affiliate is enacted or implied. When you select “I have read and agree”, you are legally agreeing to the terms and conditions as laid out in the Boomer Music Company Rental Contract and agree to be bound by the terms and conditions of the rental contract that will be generated as a result of this online rental. You also agree to hold Boomer Music harmless for any misunderstandings arising from my failure to read this contract in full.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Boomer Music Company and its licensors.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. In terms of any contract already in place, the terms and conditions agreed upon at the time of the first payment will be grandfathered forward.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Boomer Music Company
3761 S. Mason Street
Fort Collins, CO 80525
(970)223-2424