Terms & Conditions

SIERMAN PURCHASE TERMS

PLEASE READ THESE SIERMAN PURCHASE TERMS (“PURCHASE TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.

THESE PURCHASE TERMS INCORPORATE THE FOLLOWING OTHER SIERMAN POLICIES:

• THE SIERMAN DISPUTE RESOLUTION POLICY, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS;

• THE SIERMAN PRIVACY POLICY;

• THE SIERMAN RETURN POLICY; AND

• THE SiIERMAN SHIPPING, TAXES AND TITLE POLICY.

BY MAKING ANY PURCHASE, YOU ARE AGREEING TO THESE PURCHASE TERMS.

Entire Agreement

In these Purchase Terms, the terms “Sierman,” “we,” “our,” and “us” refer to Sierman. Other than as specifically provided in any separate written purchase agreement between you and Sierman, these Purchase Terms apply to all of your Sierman purchases, including, but not limited to, those made in-store, from the website at www.phoenixmusic.us, and any other website owned or operated by Sierman which direct the user to these Purchase Terms. Collectively, we refer to www.sierman.us, and any other website owned or operated by Sierman which refers its users to these Purchase Terms as the “Site.”

These Purchase Terms may NOT be altered, supplemented or amended by you through the use of any other document(s). Any attempt to alter, supplement or amend these Purchase Terms or to enter an order for product(s), which is subject to additional or altered terms and conditions, will be null and void, unless otherwise agreed to in a written agreement signed by both you and Sierman.

Order Acceptance

All orders, including, online orders, telephone orders and preorders for limited availability products are not binding upon Sierman until we accept them. Unless otherwise agreed by Sierman, payment must be processed by Sierman prior to an order being accepted. Sierman will communicate its acceptance of an order by acknowledging your order by reply email then processing your payment and shipping the item(s) ordered to you. We reserve the right to refuse to provide products or services to anyone.

Pricing

Because prices, product descriptions and availability can change quickly, Sierman does not warrant the accuracy or completeness of the information provided on the Site, in our stores or in written materials and is not responsible for pricing, typographical or other errors.

If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Sierman and receive a refund of your purchase price.

Items in your shopping cart will reflect the most recent price displayed on each item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time. Prices are reserved only by placing an order.

In the event of a pricing error, Sierman will do one of the following: (1) if an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return your purchase in accordance with our Return Policy. Discounts are limited-time offers and are not valid with other offers.

The Site or other written material may from time to time identify a List Price or MSRP for a product. List Price or MSRP is the suggested retail selling price of a product provided to us by the manufacturer. We may commonly sell products at prices lower than List Price/MSRP, and, for any given product, no sales may have occurred at List Price/MSRP.

Whether other retailers sell at List Price/MSRP will vary by product, geographic location, type of store and over time.

To the extent we reference List Price/MSRP, we try to update the List Prices/MSRPs in our printed materials and on our Site as we receive them. However, in some cases, the manufacturer may change a List Price/MSRP without notice to us.

Please contact the manufacturer of a specific product for the most up-to-date List Price/MSRP information.

List Price/MSRP also may be quoted for house or private label brands and such references are developed internally taking into consideration comparable name brand products. We may commonly sell such products at prices lower than List Price/MSRP, and, for any given product, no sales may have occurred at List Price/MSRP.

Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.

Values associated with items labeled “free with purchase” are based upon regular selling price.

Payment Terms–Orders

Orders through the Site may be paid for using the following methods: VISA, MasterCard, American Express, Discover. In addition to using the Sierman shopping cart feature for orders through the Site, orders can also be placed by calling Sierman at (833) 532 5477.

Limited Availability Products

Sierman regularly offers vintage, special limited edition and other limited quantity products to the public, some of which may be identified as Hot Buys or Closeouts. Because the supply of these products is extremely limited and customer demand often greatly exceeds the supply, we offer these products for sale strictly on a “first come first served” basis. The placement of a preorder and the prepayment of a deposit or the placement of credit on account is not a purchase and does not guarantee that you will receive the product; it merely establishes that you have been placed on the waiting list of potential purchasers of that product. We make good faith efforts to list potential purchasers and to fulfill the preorders in the order in which they were placed and we received any required prepayment of a deposit or credit on account, until all of the product(s) we decide to sell, in our sole discretion, have been sold. If you have placed a preorder and prepaid a deposit or placed credit on account for of one of these products and we are not able to fulfill your preorder because of limited availability, we will promptly refund any deposit or credit on account.

Please contact us at [email protected]