TERMS OF USE AND SALE POLICY

The products and services offered or provided by The Singing Machine Company, Inc. (“SMC”) and the www.singingmachine.com website (“Website”) are subject to the following terms and conditions (“Terms of Use and Sale Policy”):

Through the SMC website, SMC provides you with access to a variety of resources, including the Website, information about software, services and other merchandise that may or may not be available for purchase, download areas, software and tools (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale (“Terms of Use and Sale” or “Contract”). By using the Website, purchasing products and services from the SMC store or using any Services, you accept and agree to these Terms of Use and Sale, SMCs Privacy Statement (see the PRIVACY AND PROTECTION OF PERSONAL INFORMATION section), and applicable terms and conditions, policies or disclaimers found in the SMC website or referenced herein and accessible through the related hyperlinks (collectively the “SMC Store Policies”). We encourage you to read the SMC store Policies carefully. YOU MAY NOT USE THE SMC STORE OR SERVICES IF YOU DO NOT AGREE TO THE SMC STORE POLICIES.

 

SERVICES AND INFORMATION PROVIDED

All of the features of this Website are subject to this Terms of Use Policy. Any and all of the information provided on this Website is intended for the general information of the Website visitors and, other than as stated in the Terms of Use and Privacy Policy, is not intended to be relied upon by any person or entity for any reason whatsoever, including but not limited to the availability of any goods or services advertised on the Website.

 

PROTECTION OF PERSONAL INFORMATION

To obtain further information regarding the collection and use of personal information, please see the Website Privacy Policy.

 

WEBSITE CONTENT

The materials and information on this Website, including but not limited to all text, graphics, photographs, artwork, and the like (“Content”), as well as the trademarks, service marks, and logos contained in our Content, are the intellectual property of SMC, its Owners/Operators, its affiliates, and/or its licensors, protected by applicable United States and international laws. Our Content is provided to you for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SMC.

 

HYPERLINKS AND FRAMES

The Website contains or may contain “hyperlinks” to third party websites, solely to enable you to access those websites directly from ours. The inclusion of the hyperlinks does not constitute either an endorsement of SMC or the Website by the third parties, or an endorsement of the third party websites by SMC. SMC is neither responsible nor liable for the content of any website other than our own, and your use of such third party websites is controlled by and subject to the privacy policies and terms of use of such third party websites.

 

RETURN POLICY

Items purchased through the GMA promotion are eligible for a special return policy. Requested refunds will be refunded their purchase price (plus tax) minus the $7 flat rate shipping. Please contact our customer service department at 866-670-6888 or email customerservice@singingmachine.com to request a return authorization.

ALL SALES ARE FIINAL.  NO REFUNDS WILL BE PROVIDED FOR ANY DIRECT SALES THROUGH SMC’S website.  You may return your Singing Machine branded product within the standard 90 day manufacturer’s warranty period or in some cases the 12 month manufacturers warranty period (depending on the model).  The 90 day or 12 month warranty begins from the date of purchase and is valid/acceptable for the original purchaser.  The warranty for each model can be found under your product’s user manual as well as in the website’s Terms and Conditions.  Please contact our customer service department at our toll free phone # 866-670-6888 or email customerservice@singingmachine.com to verify the return eligibility for your product. 

PRODUCT WARRANTY for SoundX® and Singing Machine Brands®

Your Singing Machine product is covered by the following warranty:

THE SINGING MACHINE COMPANY, INC. warrants this product to be free from defects in material and workmanship for a period of Ninety (90) days from date of sale to the original consumer purchaser. Product will be replaced with a new or reconditioned product at no additional charge if it is proven to be defective within the Ninety (90) day period when said product is returned at customer expense within the warranty period. THIS WARRANTY DOES NOT COVER ANY EXPENSES INCURRED IN THE REMOVAL AND REINSTALLATION OF THIS PRODUCT.

This warranty does not apply to any product damaged by accident, misuse, abuse, improper line voltage, fire, water, lightning or other acts of God, or any parts or service furnished by anyone else. The warranty does not cover cartons, carrying cases, batteries, broken or damaged cabinets, or any other items used in connection with the product or consequential damages due to defect in the product. This warranty does not cover products sold AS IS, FINAL SALE, FLOOR MODEL/LAST ITEM IN STORE, remanufactured or sold outside the SMC distribution channel. For a listing of retailers please contact our Customer Service Department via email at customerservice@singingmachine.com or at our toll free phone # (866) 670-888. All proof of purchase must be reviewed by our Corporate Headquarters for warranty replacement authorization. ALL IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS WARRANTY. THIS IS THE COMPLETE WARRANTY AND NO OTHER EXPRESSED WARRANTY IS VALID. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR AN EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

This warranty gives you specific legal rights and you may also have other rights, which may vary from state to state. For callers seeking assistance outside of the US and Canada please contact our Customer Service Department at (866) 670-6888 or email us at customerservice@singingmachine.com.

IF THE UNIT IS OUTSIDE OF THE MANUFACTURER’S WARRANTY PERIOD, please call us at (866) 670-6888 or email us at customerservice@singingmachine.com and we will give you information on how to obtain service.

TO OBTAIN SERVICE ON WARRANTY UNITS IN THE USA & CANADA, contact our Customer Service Department via email at customerservice@singingmachine.com or at our toll free phone # (866) 670-6888.  DO NOT SHIP MERCHANDISE to our service facility without contacting our customer service department first. Product/s must be shipped prepaid by an insured carrier to the service center address. To establish eligibility of repair or replacement, YOU MUST INCLUDE documentation issued by our Customer Service Department. It is also necessary to include a copy of the proof of purchase confirming the item/s was sold within the 90-day manufacturer’s warranty period, a shipping address, daytime phone # and an explanation of the problem. The Singing Machine Company Inc., reserves the right to refuse delivery if proper steps outlined above have not been followed.

 

PRODUCT WARRANTY for the Home™ Brand

THE SINGING MACHINE COMPANY, INC. warrants this product to be free from defects in material and workmanship for one year from date of sale to the original consumer purchaser. Product will be replaced with a new or reconditioned product at no additional charge if it is proven to be defective within the one year period when said product is returned at customer expense within the warranty period. THIS WARRANTY DOES NOT COVER ANY EXPENSES INCURRED IN THE REMOVAL AND REINSTALLATION OF THIS PRODUCT.

This warranty does not apply to any product damaged by accident, misuse, abuse, improper line voltage, fire, water, lightning or other acts of God, or any parts or service furnished by anyone else. The warranty does not cover cartons, carrying cases, batteries, broken or damaged cabinets, or any other items used in connection with the product or consequential damages due to defect in the product. This warranty does not cover products sold AS IS, FINAL SALE, FLOOR MODEL/LAST ITEM IN STORE, remanufactured or sold outside the SMC distribution channel.

ALL IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS WARRANTY. THIS IS THE COMPLETE WARRANTY AND NO OTHER EXPRESSED WARRANTY IS VALID. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR AN EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

This warranty gives you specific legal rights and you may also have other rights, which may vary from state to state.

IF THE UNIT IS OUTSIDE OF THE MANUFACTURER’S WARRANTY PERIOD, please call us at (866) 670-6888 or email us at customerservice@singingmachine.com.

SERVICE CENTER:

THE SINGING MACHINE COMPANY
4060 E. Jurupa Street, Unit B
Ontario, CA 91761
USA

 

BILLING

You agree to pay for the physical goods you purchase through the Service, and that Singing Machine may charge your credit card for the physical goods purchased, and for any additional amounts (including any applicable taxes and shipping costs) as may be accrued by or in connection with your account.  You are responsible for the timely payment of all fees and for providing Singing Machine with a valid credit card for payment of all fees and expenses.  All fees will be billed to the credit card you designate during the purchase process.  If Singing Machine does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand by Singing Machine. 

All payments must be made by VISA, MasterCard or American Express credit card.  The Singing Machine Company, Inc. will not accept cash, checks or any other payment form.  As Between You and Singing Machine, you are responsible for paying any amounts for services billed to your credit card by a third party who had access to your credit card or credit card number, whether or not such amounts were authorized by you.  You will be responsible for all charge back fees.  If you attempt to charge back your purchase, SMC at its sole discretion may terminate your account and prevent future purchases from shipping to your location.

Unauthorized Charges:  Unless you notify Singing Machine of any discrepancies or unauthorized charges within fifteen (15) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer.  You release Singing Machine from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to The Singing Machine Company, Inc. within fifteen (15) days of its first appearance on an invoice, bank statement or credit card statement.

NO REFUNDS: All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the membership period during which you terminate your membership, are nonrefundable.  Termination of your membership and closing of your account shall not relieve you of any obligations to pay accrued charges.

 

WEBSITE WARRANTY

THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND SINGING MACHINE, SMC, THEIR OWNERS/OPERATORS, AFFILIATES, AND/OR LICENSORS, DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SMC, ITS OWNERS/OPERATORS, AFFILIATES, AND/OR LICENSORS, WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, OUR CONTENT AND/OR OUR WEBSITE AND/OR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED ON OUR WEBSITE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR NEGLIGENCE, EVEN IF WE HAVE BEEN ADVISED OF SUCH ACTUAL OR POTENTIAL DAMAGES. YOUR SOLE REMEDY IS AS SET FORTH IN THE PRODUCT WARRANTY.

 

LIMITATION OF LIABILITY

If, despite the other sections of this Contract, Singing Machine and/or its Employees’ are found liable to you for any loss or damage that arises out of or is in any way connected with your use of the SMC Store, SMC services, or any product or service offered, you agree that your exclusive remedy is to recover from SMC or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price or fee for one month of any service, subscription or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription or similar fee.

YOU AGREE THAT YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE SMC STORE, THE SERVICES, THIS CONTRACT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE SMC STORE OR SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.

 

OUR RIGHTS

SMC, its Owners/Operators, affiliates, and/or licensors, reserve the right to take any and all action necessary, and to seek any and all remedies available to us to prevent the unauthorized use of our Content and/or our Website, including but not limited to the right to take appropriate legal action, to seek injunctive relief and/or monetary damages, and to prevent further use of our Website by anyone who infringes our intellectual property rights or otherwise misuses our Content or Website in any way. You agree to indemnify and hold harmless SMC, its Owners/Operators, affiliates, and/or its licensors, from any and all damages, costs, or expenses, including reasonable attorneys’ fees and court costs, for any action brought against any of them (i) by a third party as a result of your access to and/or use of this website, (ii) by a third party as a result of your use or misuse of your Singing Machine product, and/or (iii) if SMC, its Owners/Operators, affiliates, and/or its licensors is/are the prevailing party in any action brought to enforce this Terms of Use Policy.

This Terms of Use Policy may be amended or changed at any time by SMC in its sole discretion. The posting of a revised Terms of Use Policy will constitute our sole notice to you of such revision or replacement.

 

ERRORS ON SITE

SMC attempts to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to product prices, specifications, offers and availability 

 

APPLICABLE LAW

By visiting the Website, you expressly acknowledge and agree that any disputes between you and SMC, its Owners/Operators, affiliates, and/or its licensees arising out of or related to your access to and/or use of our Content, our Website, our products and services, our Terms of Use Policy, and/or our Privacy Policy, whether in contract or tort or other cause of action, will be governed solely by the laws of the State of Florida, without regard to its conflicts of laws provision, and you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Broward County, Florida, for all disputes arising out of or relating to the SMC store and its related services and products.

 

HOW TO CONTACT SMC

If you have any questions about this Terms of Use Policy, this Website, or to obtain further information please contact us at

The Singing Machine Company, Inc.

6301 NW 5th Way, Suite 2900
Fort Lauderdale, FL, 33309, U.S.A.

Tel:  954-596-1000
Fax: 954-596-2000

info@singingmachine.com