TC MUSIC ENTERPRISE TERMS & POLICIES / TERMS & CONDITIONS
This website is owned and operated by TC MUSIC ENTERPRISE (herein referred to as “TC MUSIC ENTERPRISE /we/our/us”).
THESE TERMS & POLICIES / TERMS & CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT AND ALL ITS RELATED SUB PAGES. KINDLY PLEASE READ THESE TERMS & POLICIES / TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
BY ACCESSING THIS WEBSITE AS A USER (REFERRED TO AS “YOU/YOUR”) YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS & POLICIES / TERMS & CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO PLACE ANY ORDER(S) FROM US. IF YOU DO NOT ACCEPT THESE TERMS, KINDLY DO NOT USE THIS WEBSITE.
A. SELL, TRADE, or CONSIGN
We buy instruments outright, trade for instruments and take instruments in on consignment (see ACQUISITION & CONSIGNMENT). Please contact us at (+60) 12 791 0075 or email@example.com to discuss an instrument you wish to sell or trade. Please DO NOT SHIP any instrument to TC Music Enterprise without prior authorization.
B. INSTRUMENT DESCRIPTIONS
We use the following terms to describe the cosmetic condition of our vintage and used instruments: New (N), Mint (M), Excellent (EXC), Very Good (VG), Good (G), & Fair (F). In applying these descriptions, we take the age and availability into consideration. All instruments are structurally stable and in good playing order unless otherwise clearly specified. We do not normally handle instruments with below average or poor playing condition. Some instruments have been repaired, but space prohibits a complete description of all work. If you would like an in-hand description of any instrument, please call us Tuesdays - Sundays from 12:00pm to 8:00pm (GMT +8:00 MLY).
C. ORDERING INFORMATION
1. Order by shopping cart, in-store messaging system, email, or by telephone. We have an average to high inventory turnover rate, so please send no money until we have confirmed the instrument is still available and is on hold for you. An instrument on hold for you will not be sold to anyone else at any price, so do not ask us to hold an instrument for you unless you are definitely buying it. We will hold an instrument for 24 hours for our customers located in Malaysia, or 72 hours for international customers; only to allow time for your payment to arrive. If your payment does not arrive on time, the instrument will be put back into active inventory and we will be unable to accept anymore orders from you in the future.
2. To make payment (i. via online store). Unless otherwise stated, all prices shown are in the currency of USD (United States Dollars) only. Bank Telegraphic Transfer / Bank Wire or Major Credit Cards (via Braintree Payments) or Paypal are accepted. All bank charges / fees are to be borne by the buyer. As the bank transfer charges / fees differs from each bank, please be so kind as to contact your local bank if you would like to know it beforehand. In addition, please note that it takes approximately 2 - 7 business days in order for us to confirm your payment once it has been arranged by Bank Telegraphic Transfer.
(ii. via local meet up). If you are in town and would like to meet up face-to-face for the purchase; COD or major credit cards or debit cards are accepted. Domestically issued credit cards or debit cards add 2.5% fee, and internationally issued credit cards or debit cards add 3.0% fee. We can also accept payments through Ali Pay services. Any additional associated fees involved in the transaction (if any) are to be borne by the purchaser. All credit cards or debit cards' transactions including all cash transactions are accepted in the currency of Malaysia Ringgit (RM) only. As such, items in our online store which are priced in the currency of USD shall be converted to RM first, according to the daily international foreign exchange (Forex) rate determined by TC Music Enterprise.
3. Partial payment. A deposit of 30% of the price of an instrument may be made within the initial hold period, with the balance due in full in 15 days. Deposits are non-refundable and instruments are not returnable when payment is made this way. We reserve the right at our discretion to forfeit the deposit and/or the instrument should the balance is not settled in full within 15 days.
Bank Telegraphic Transfer / Bank Wire Details
CIMB Bank Berhad 13491-P (Solaris Mont Kiara Branch) Bank Account No.: 8007-7007-31
15-1 Jalan Solaris Account Name: TC Music Enterprise
Solaris Mont Kiara Bank SWIFT Code: CIBBMYKL
50480 Kuala Lumpur MALAYSIA
Phone: (+60) 3 6203 7743
Fax: (+60) 3 6203 7753
Website: CIMB Malaysia
4. Your instrument will be shipped only when payment in full is received. If we expect any delay in shipping, we will try to let you know when you place your order. Generally instruments are shipped within the next available business day of receipt of payment unless otherwise specified.
D. INTERNATIONAL SALES - INSTRUMENTS WITH BRAZILIAN ROSEWOOD, SHELL
PRODUCTS & OTHERS
Because of international agreements governing the transportation of certain species of wood and shell products across international borders, the following conditions apply to any instrument sold by TC Music Enterprise and shipped to anywhere in the world other than a Malaysian address.
Brazilian Rosewood: Please note we will NOT be able to internationally ship guitars using Brazilian Rosewood, Cocobolo, and other species listed under the stricter Appendix I, and models made or imported after January 2nd, 2017.
Shell Products: There may be additional charge to cover the cost of permit fees. This includes frequently used mother of pearl and abalone inlays.
*For USA Purchasers:
The United States Fish and Wildlife Service (USFWS or FWS) is an agency of the federal government within the U.S. Department of the Interior dedicated to the management of fish, wildlife, and natural habitats. Every instrument containing shell product (Abalone, Mother of Pearl, etc) comes with a $125 US Fish and Wildlife processing fee and the requirement to fill and complete a number of pages of forms in order to clear this guitar legally into the USA. To all USA Buyers, kindly be informed of this requirement.
Others: The Convention's Appendices I, II, and III are dynamic and is constantly being updated to include over-exploited species. Similarly, any new endangered species falling into any of these Appendices are also subjected to CITES certification before any international shipment can commence from our side. As for the above two scenarios, there may be additional charges to cover the cost of permit fees arising from endangered species in those lists too.
TC Music Enterprise wants to be certain that all international regulations are met so there is no potential for legal issues to taint your enjoyment of an instrument purchased from us. Though shipment delays as a result of these international agreements are beyond our control, we will make every effort to get your instrument to you safely and in as timely a manner as possible while still conforming to governmental policies and procedures. Due to import regulations set by each individual country, sales/shipments of instruments with pearl, and/or others will be evaluated on a case-by-case basis. We appreciate your understanding.
For more information please check the following link: CITES International.
Some countries may also require a CITES import permit as well as the export/re-export permit which will have to be obtained by the customer. Please check with your local authorities in charge of CITES for further information.
E. DELIVERY SERVICES
For domestic courier services, we typically use Poslaju National Courier by Pos Malaysia Berhad. Their delivery progress is trackable via their website: Poslaju Malaysia. Delivery nationwide within Malaysia usually takes between 2 to 3 business days. Shipments to Sabah & Sarawak may require longer delivery time than norm. Additional insurance coverage for the consignment is available upon request.
Our international freight services are typically handled by FedEX unless otherwise specified by Buyers / Importers / Consignees / Customers, or by any other special circumstances. FedEX International Economy Air shipments would normally require between 5 to 6 business days to arrive in major cities around the world. Expedited international delivery services are available if necessary at additional premium costs (typical expedited global delivery time is between 2 to 3 business days). These are normally the expectations sans any unforeseen delays such as from Customs inspections, remote and less-accessible locations (out-of-delivery-area postal codes), weather conditions, the general world political situation, natural disasters, and etc. The status of the package is fully trackable via FedEX. All consignments sent via FedEX are insured based on their declared values on the shipping manifest.
TC Music Enterprise reserves the right to engage with the courier services of other available companies other than Poslaju National Courier & FedEX as and when the circumstances necessitate. In such case, the Buyer / Importer / Consignee / Customer may be notified accordingly subject to the nature of the courier service change.
Due to concerns of high humidity and long voyage time on delicate musical instruments and amplifiers, we do not encourage ocean freighting. However, if Buyers / Importers / Consignees / Customers must insist, TC Music Enterprise will hold no responsibility onto any untoward malfunctioning or deterioration to their instruments even if the damages are indirectly related to this form of goods shipment.
For all purchases made via Paypal, your items will be shipped to your Paypal registered shipping address only. Request for delivery to non Paypal registered shipping address will not be entertained. Do take note.
F. RETURNS, REFUNDS, & EXCHANGES (For Certain Eligible Products Only!)
Returns & refunds (for certain eligible products only! - please enquire upon before purchasing) are accepted provided that they are being reported / notified to us formally within 1 day or 24 hours of receiving the delivery item. Exchanges are not accepted. This normally applies to most of the products which we carry, unless they are otherwise specified (such as special order items). As a formal method, kindly only message us directly on the actual in-store's official messaging platform within the specified time frame for any returns that you wish for us to process (No emails, text messages, WhatsApp notifications, and phone calls etc. are allowed).
You must first obtain approval / consent from TC Music Enterprise prior to sending the return item(s) back to us. Please do NOT ever attempt to return product(s) to us without a prior authorization from us. Doing so will revoke your return privilege and we reserve the right to NOT accept the return delivery from you. On top of that, we will also NOT provide you with any refund if you resort to such despicable tactics. No exceptions to the rule.
All approved returns shall be inspected for any differences vs. their original delivery conditions before your refund can be processed. If approved returns are found to have any differences, i.e. damages, altered from their initial delivery state, and etc., then the final refund shall also be subjected to appropriate additional monetary deductions in addition to the other associated costs of the return tabulated below:
1. Buyers / Importers / Consignees / Customers are solely responsible for all the
return shipping costs, including sometimes the cost of re-export permit(s) -
*CITES, etc., all incoming custom duties, import duties, GST, VAT, import permits,
licenses and etc. back into the Seller's country (no exceptions). Should for some
reason the consignment is being held back by Authorities and/or impounded
permanently at any stage of the return, including at other transit points or at
the Seller's country (including the consignment being damaged, destroyed, etc.),
even by no fault of the Buyer or the Seller, refund will be withheld without
exception and will never be released.
*Accordingly, by shipping back / returning an instrument internationally, you
acknowledge that TC Music Enterprise has informed you of the potential
prohibitions set forth in CITES. AS SUCH, YOU AGREE TO ACCEPT AND ASSUME
ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE,
DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF
CITES. YOU AGREE THAT YOU HAVE CAREFULLY READ THIS PROVISION AND
HEREBY RELEASE ANY AND ALL CLAIMS AGAINST TC MUSIC ENTERPRISE
RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR
CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF
CITES AND AGREE TO HOLD TC MUSIC ENTERPRISE AND ITS OFFICERS,
EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU
ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST TC
MUSIC ENTERPRISE WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
2. All returns restocking fee: 15% of product cost + shipping cost (non-negotiable).
TC Music Enterprise normally inspects and reverts back on the status of return items to buyers within 1 day or 24 hours upon receiving the return item.
We do encourage ALL Buyers / Importers / Consignees / Customers to ask as many questions as they would like to before committing to a purchase. We will gladly and duly answer them to the best of our knowledge and in a truthful and ethical manner. In the unfortunate event that a consignment is forcefully being returned (refused delivery) by the Buyer / Importer / Consignee / Customer after payment has been made, for justifications such as refusal / ignorance to be responsible for Customs import duties and taxes, refusal / ignorance to apply for import permit(s), and for all other reasons, a refund would NOT be entitled to the Buyer / Importer / Consignee / Customer or to any indirect source(s) as well. We therefore encourage you to read and agree on our store policies before committing to purchase from us. TC Music Enterprise is a bona fide dealer and we welcome genuine and honest buyers the same. We thank you for your kind understanding.
G. BUYER'S / IMPORTER'S / CONSIGNEE'S / CUSTOMER'S RESPONSIBILITIES
Buyers / Importers / Consignees / Customers are solely responsible for ALL forms of taxes, import duties, license & permit fees, etc. incurred for their imported consignments by the relevant authorities. Buyers / Importers / Consignees / Customers are also advised to periodically check on the laws of their respective countries to ensure full legal compliance and to avoid unnecessary delays possibly from ignorance.
Federal laws in most countries prohibit the falsifying of merchandise description and commercial values in shipping documents, commercial invoices, and etc. We therefore appreciate all Buyer's / Importer's / Consignee's / Customer's kind understanding and respect of this ruling when placing your orders with us. All items sold by TC Music Enterprise will be declared at actual selling price added with insurance and shipping cost. Kindly please refrain from asking us to declare consignments as 'gifts' or 'presents'. At TC Music Enterprise we believe in doing long term business by obeying law and order at all times. We expect the same etiquette from our customers as well.
While we always do our level best to provide the most comprehensive manifest to accompany our shipments, there has been some instances from past experience that packages are delayed beyond our control, notably by Customs. For this we ask for the Buyer's / Importer's / Consignee's / Customer's continued patience and understanding and to cooperate and provide additional information, etc. as and when required to. This will help accelerate the progress of the shipment and to cut down on any more further delays or red tapes.
When receiving consignment from the courier delivery person, visible damage(s) to the shipment should be quickly informed (best on the spot) to the delivery person or courier company itself. In extreme cases, you are advised to open the package in front of the delivery person to confirm the extent of the physical damage to the consignment. If this is confirmed, Buyers are to inform the delivery person or the courier company immediately and have them note the damage.
All insurance claims for the shipment (damaged, lost, etc.) are the responsibility of Buyers / Importers / Consignees to pursue with the appointed logistic company / companies.
Please track your shipments to be aware of Customs processing and delivery statuses. Buyers / Importers / Consignees / Customers are fully responsible and accountable for clearance of their consignments once shipment has been initiated by our side. This may include the responsibility of appointing **Custom Brokers in certain countries. ** Additional brokerage fees may apply and is always to be borne by Buyers / Importers / Consignees / Customers.
Buyers / Importers / Consignees / Customers are deemed to have read, understood, and agreed upon all the terms and policies and terms and conditions stipulated above once payment is made (either partial or in full amount).
All American made products being re-exported back to the USA by TC Music Enterprise will be accompanied by the following declaration (or equivalent form) in addition to the regular Commercial Invoice, AWB, and others.:
" DEPARTMENT OF THE TREASURY UNITED STATES CUSTOMS SERVICE
DECLARATION FOR FREE ENTRY OF RETURNED AMERICAN PRODUCTS "
We will accompany shipments of products made in the USA to Australia with a AUSFTA statement of origin which may entitle those products exempt from duties (not taxes).
We will accompany shipments of products made in the USA to Canada or Mexico with a NAFTA statement of origin which may entitle those products exempt from duties (not taxes).
Applicable to other countries with FTA with the United States of America such as South Korea, Singapore, and others. Please enquire upon to see if your country qualifies.
All of our initiatives above serve to assist in the smooth clearance of your products by providing a holistic and detailed manifest of the shipment to the relevant Authorities in your respective countries. They may also be beneficial sometimes in terms of reduced or exemption of tax / duty / license & permit fees.
Kindly be reminded however that despite our pro-active measures above, all Buyers / Importers / Consignees / Customers must understand that the final decision of imposing all forms of taxes, import duties, license & permit fees, etc. still lies under the jurisdiction and at the pleasure of the Customs Authority / Other Authority in your respective countries. Their decisions in most cases are irreversible and should be respected.
Therefore, it is not a guarantee by TC Music Enterprise that our pro-active support above will automatically enable your taxable / dutiable / etc. consignments to pass into your respective countries either tax / duty / etc. free or at reduced tax / duty / etc. at any present time.
I. CODE OF CONDUCT
TC Music Enterprise maintains a strict policy against discrimination, harassment and inappropriate sexual conduct of any kind on any of TC Music Enterprise's websites. Your access to any and all areas of concern is conditioned on your adherence to this policy. TC Music Enterprise retains the right to report to the relevant Authorities any user(s) who violates this policy. Such determinations will be made in the sole discretion of TC Music Enterprise and may be implemented without warning or the ability to cure.
J. GOVERNING LAW & JURISDICTION
This Agreement shall in all respects be interpreted and construed with and by the Federal laws of Malaysia and exclusive jurisdiction and venue in Kuala Lumpur, Malaysia courts only for all products and/or all services provided within Malaysia and The Rest of The World (excluding The United States Of America).
This Agreement shall in all respects be interpreted and construed with and by the Federal laws of The United States District Court For The Western District Of Pennsylvania and exclusive jurisdiction and venue in Erie, Pennsylvania courts only for all products and/or all services provided within The United States Of America.
TC Music Enterprise thanks you for your time reading, understanding, and agreeing to these terms and policies / terms and conditions of our store and business.
A. GENERAL STATEMENT
B. WHAT ARE THE PERSONAL INFORMATION THAT WE COLLECT FROM YOU?
C. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
A "cookie" is a small text file or text identifier that helps us in many ways to make your visit to our website more enjoyable and meaningful to you. For example, cookies avoid you having to log in every time you come back to one of our websites. They also allow us to tailor a website or advertisement to better match your interests and preferences. There are a different types of cookies.
A "session" cookie is stored only in your computer's working memory (RAM) and only lasts for your browsing session. When you close all your browser's windows, or when you shut down your computer, the session cookie disappears forever.
D. HOW DO YOU DISABLE COOKIES?
Your browser lets you choose whether to accept, not to accept or to be warned before accepting cookies. You can disable cookies to which such guidance is provided in your chosen browser’s manual.
E. HOW DO WE USE THE PERSONAL INFORMATION?
i) The Personal Information which we gather from you is intended to be used in the ordinary course of our business including the provision of our products and services to you as requested. The use may also extend to other purposes, among others; to comply with legal requirements, in areas involving public interest, responding to your comments, or requests for information to prepare demographics concerning our customers’ use of our products and services, as well as to offer additional products or services that we believe, may be of benefit to you, and be made available to our third party vendors, advertisers, affiliates or relevant third parties in aggregate or in demographic form.
ii) The information you provide us is used to improve the services we provide to you and help us to fulfill a site user request such as mailing a brochure, lead generation, sending marketing or promotional materials including e-mails or other information. This information is collected and stored in a manner appropriate to the nature of the data and is used to fulfill your request.
iii) Please contact us if you do not wish to share your information with any other entities, or you do not want to be solicited for products or services offered by TC Music Enterprise, or entities it provides information to.
iv) We do not use this information to:
identify individuals visiting our website; or
analyze your visits to any other websites (except that we do track you if you go to websites carrying our banner, but we do not identify personal details while we do this); or
track any Internet searches which you may make while on our website.
v) We sometimes use other companies to provide services to you or to provide services to us. To enable them to do this, we may need to share your personal information with them. When we do so, these companies are required to act in accordance with the instructions we give them and they must meet the requirements of the Personal Data Protection Act 2010 to keep the information secure.
F. FOR HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
The time period for which we keep information varies according to what the information is used for. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we will retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.
G. HOW DO WE PROTECT YOUR PERSONAL INFORMATION?
We take appropriate organizational and technical security measures to protect your data against unauthorized disclosure or processing. We use a secure server to store the information you give us when you register. Please be assured that this information is kept safe, and we do not share it with others.
What if you wish to change the personal information, or have a complaint to lodge or have any form of enquiries relating to the collection of the personal information?
You may contact TC Music Enterprise directly via email or via in-store messaging function.
TC Music Enterprise (Company Registration: 002463400-P), with its registered office at Royal Domain - Sri Putramas II, Jalan Putramas Off Jalan Kuching, 51200 Kuala Lumpur, Wilayah Persekutuan, Malaysia is an active Company and Business registered with the Companies Commission Of Malaysia and was incorporated in Kuala Lumpur, Malaysia since August 17, 2015.
TC Music Enterprise's overseas branch resides at Tukwila, Washington, The United States of America.
These terms and policies / terms and conditions are valid and in effect as of September 25, 2019. They are subject to changes from time to time as and when deemed necessary without prior notice.