Terms Of Use
Welcome to Wolfgang's. Wolfgang's provides its services to you, whether accessed through our website, our app or any other means (“Wolfgang's Services”) on the following terms and conditions. By accessing any of the Wolfgang's Services, including by using the Wolfgang's app or visiting our site, you are accepting and agreeing to these terms and conditions. Please read them carefully.
PRIVACY
Please review our Privacy Policy, which also governs your access or use of the Wolfgang's Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you access the Wolfgang's Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on our site, by sending messages through our app or other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content accessed through the Wolfgang's Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Wolfgang's or its content suppliers and protected by United States and international copyright laws. The compilation of all content accessible through the Wolfgang's Services is the exclusive property of Wolfgang's and protected by U.S. and international copyright laws. All software used to provide or access the Wolfgang's Services is the property of Wolfgang's or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Wolfgang's trademarks and trade dress may not be used in connection with any product or service that is not Wolfgang's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Wolfgang's or in any other manner that violates Wolfgang's or its affiliate's rights in its trademarks and trade dress. All trademarks not owned by Wolfgang's or its affiliates that appear when accessing the Wolfgang's Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wolfgang's.
LICENSE AND SITE ACCESS
Wolfgang's grants you a limited license to access and make personal use of the Wolfgang's Services and not to download any content accessible through, or any software used to provide or access, the Wolfgang's Services (other than page caching) or modify it, or any portion of it, except with express written consent of Wolfgang's. This license does not include any resale or commercial use of the Wolfgang's Services or content accessible through the Wolfgang's Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the Wolfgang's Services or content accessible through the Wolfgang's Services; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No content accessible through the Wolfgang's Services, including music or images, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wolfgang's. You may not frame or utilize framing techniques to enclose, or reproduce in any manner (including electronically) any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wolfgang's without express written consent. You may not use any meta tags or any other "hidden text" utilizing Wolfgang's name or trademarks without the express written consent of Wolfgang's. Any unauthorized use or reproduction terminates the permission or license granted by Wolfgang's. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Wolfgang's so long as the link does not portray Wolfgang's, its products, or services in a false, misleading, derogatory, or otherwise offensive matter or in a manner that is suggests Wolfgang's is affiliated with the company or person that operates or is displayed on the page on which the hyperlink is contained. You may not use any Wolfgang's logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you access or use the Wolfgang's Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, tablet, phone or other electronic device, and you agree to accept responsibility for all activities that occur under your account or password. Wolfgang's does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Wolfgang's only with involvement of a parent or guardian. Wolfgang's reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
Wolfgang's respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please Contact Us.
RISK OF LOSS
All items purchased from Wolfgang's are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Wolfgang's attempts to be as accurate as possible. However, Wolfgang's does not warrant that product descriptions or other content accessible through the Wolfgang's Services is accurate, complete, reliable, current, or error-free. If a product offered by Wolfgang's itself is not as described, your sole remedy is to return it in unused condition.
PAYMENT METHODS
Wolfgang's accepts MasterCard, Visa, American Express, and Discover credit cards, checks, certified money orders and Wolfgang's Gift Certificates as forms of payment. Billing to your credit card occurs when your order is shipped or shortly thereafter. If the balance from a Wolfgang's Gift Certificate is used, the amount is deducted from your account at the time of purchase. If the total amount of the purchase is greater than the balance available in your Wolfgang's Gift Certificate, your credit card will be charged for the balance.
If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.
MEMBERSHIPS AND RENEWAL
If you have a Paid Wolfgang's Music Membership, your payment to Wolfgang's will automatically renew at the end of the membership period, unless you cancel your Membership through the Your Account page before the end of the current membership period. The cancellation will take effect the day after the last day of the current membership period, and your membership will expire.
Wolfgang's may change the price of Paid Music Memberships from time to time, and may also change other membership benefits and terms of service. Any such change will be communicated to members via email. Price changes for Paid Music Memberships will take effect at the start of the next membership period following the date of the price change. Any change in membership benefits will take effect on the date specified by Wolfgang’s. Changes in membership benefits will not entitle you to any refund of any or all of your Paid Music Membership and will not give you the right to terminate your membership, unless the change is a material reduction in benefits that is instituted voluntarily by Wolfgang’s and not as a result of any changes in laws, government policies, increases in costs and fees payable to third parties or other circumstances outside the control of Wolfgang’s.
GIFT CERTIFICATE PURCHASES
Wolfgang's Gift Certificates may be redeemed for purchases at Wolfgang's and are non-refundable. Sales tax will not be charged when the Gift Certificate is purchased. Sales tax is charged as required when the Gift Certificate is redeemed for a Wolfgang's purchase. The tax rate on the purchase is based on the shipping address of the redeemer.
STORE CREDIT
Store credit issued can be used for the purchase of physical goods. Store credit will be automatically applied to customer's order total during the checkout process. All unused store credit will expire 1 year from the date of issue.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WOLFGANG'S SERVICES ARE PROVIDED BY WOLFGANG'S ON AN "AS IS" AND "AS AVAILABLE" BASIS. WOLFGANG'S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE, APPLICATIONS OR OTHERWISE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ACCESSIBLE THROUGH THE WOLFGANG'S SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF WOLFGANG'S SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WOLFGANG'S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WOLFGANG'S DOES NOT WARRANT THAT THE WOLFGANG'S SERVICES OR ANY MEANS USED TO ACCESS THE WOLFGANG'S SERVICES, OR ANY E-MAIL SENT FROM WOLFGANG'S ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WOLFGANG'S WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By accessing or using the Wolfgang's Services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Wolfgang's.
DISPUTES
Any dispute relating in any way to products you purchase through Wolfgang's or any use of the Wolfgang's Services shall be submitted to confidential arbitration in San Francisco, California and the arbitration process and proceedings will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. All other disputes involving Wolfgang's shall be resolved in the appropriate state or federal court in the State of California, including but not limited to and disputes involving violation or infringement of any parties' intellectual property rights including but not limited to trademark, trade name or copyright interests.
PURCHASES
Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time and Wolfgang's reserves the right to raise or lower prices at any time.
GIFT CARDS
Gift cards can be used to cover the whole or partial payment of an order at any time; however, only one card can be used per order and only one card redeemed per person. In addition, we reserve the right not to accept any purchase with free gift cards to the extent that we determine, in our sole discretion, that the distribution or use of any gift card is inconsistent with the intended purpose which is to encourage people to discover and explore the website and to make a single selection as a gift from Wolfgang's.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy posted on our site. These policies also govern your use of the Wolfgang's Services. We reserve the right to make changes to the Wolfgang's Services, our site, our application, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.