Terms and Conditions

  1. Interpretation 
  2. The definitions and rules of interpretation in this condition apply in these conditions. 

Buyer: the person, firm or company who purchases the Goods from the Firm. 

Contract: any contract between the Firm and the Buyer for the sale and purchase of the Goods, incorporating these conditions. 

Firm: Guitarraps 

Goods:  any goods agreed in the Contract to be supplied to the Buyer by the Firm (including any part or parts of them). 

  1. A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. 
  2. Words in the singular include the plural and in the plural include the singular. 
  3. A reference to one gender includes a reference to the other gender. 
  4. Condition headings do not affect the interpretation of these conditions. 
  5. Application of terms 
  6. Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). 
  7. No terms or conditions endorsed on, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract. 
  8. These conditions apply to all the Firm's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by David Allard of the Firm. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Firm which is not set out in the Contract. Nothing in this condition shall exclude or limit the Firm's liability for fraudulent misrepresentation. 
  9. Each order or acceptance of a quotation for Goods by the Buyer from the Firm shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions. 
  10. No order placed by the Buyer shall be deemed to be accepted by the Firm until a written acknowledgement of order is issued by the Firm or (if earlier) the Firm delivers the Goods to the Buyer. 
  11. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate. 
  12. Any quotation is given on the basis that no Contract shall come into existence until the Firm despatches an acknowledgement of order to the Buyer.  
  13. Description 
  14. The quantity and description of the Goods shall be as set out in the Firm's quotation or acknowledgement of order or on the Firm’s website. 
  15. All samples, drawings, descriptive matter, specifications and advertising issued by the Firm and any descriptions or illustrations contained in the Firm's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample. 
  16. Delivery 
  17. The Buyer’s order will be dispatched between 1 and 3 working days after the order is received. In usual circumstances, purchases made in the UK will be delivered approximately 2 to 4 days after the Goods are ordered and orders outside the UK will take approximately 7 to 12 days to be delivered. 
  18. Any dates specified by the Firm for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. 
  19. Subject to the other provisions of these conditions the Firm shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Firm's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days (subject to any consumer rights contained within these terms and conditions).  
  20. Non-delivery 
  21. The quantity of any consignment of Goods as recorded by the Firm upon despatch from the Firm's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary. 
  22. The Firm shall not be liable for any non-delivery of Goods (even if caused by the Firm's negligence) unless the Buyer gives written notice to the Firm of the non-delivery within 14 days of the date when the Goods would in the ordinary course of events have been received. 
  23. Any liability of the Firm for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods. 
  24. Risk/title 
  25. The Goods are at the risk of the Buyer from the time of delivery.  
  26. Ownership of the Goods shall not pass to the Buyer until the Firm has received in full (in cash or cleared funds) all sums due to it in respect of: 
  27. the Goods; and 
  28. all other sums which are or which become due to the Firm from the Buyer on any account. 
  29. Price 
  30. Unless otherwise agreed by the Firm in writing, the price for the Goods shall be the price set out in the Firm's price list published on the date of delivery or deemed delivery or on the Firm’s website. 
  31. The price for the Goods shall be inclusive of any value added tax and all costs or charges in relation to packaging and loading of the Goods.   
  32. Payment 
  33. Payment of the price for the Goods is due in pounds sterling and must be made by credit or debit card unless agreed by the Firm in writing.  
  34. Time for payment shall be of the essence and will be due immediately on the formation of the Contract. 
  35. No payment shall be deemed to have been received until the Firm has received cleared funds. 
  36. The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Firm to the Buyer. 
  37. CONSUMER RIGHTS 
  38. If the Buyer is contracting as a consumer, the Buyer may cancel the Contract at any time within seven working days, beginning on the day after the Goods are received by the Buyer. In this case, the Buyer will receive a full refund of the price paid for the Goods in accordance with the Firm’s refunds policy (in clause 10). 
  39. To cancel a Contract, the Buyer must inform the Firm in writing and return the Goods to the Firm immediately, in the same condition in which the Buyer received them, and at the Buyer’s own cost and risk. 
  40. REFUND POLICY 
  41. When the Buyer returns any Goods to the Firm, the Firm will examine the returned Goods and will notify the Buyer of any refund via e-mail within a reasonable period of time. The Firm will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for its purchase. The Firm will usually process the refund due to the Buyer within 30 days of the day the Firm received the Buyer’s cancellation or the day the Firm confirmed to the Buyer via email that the Buyer was entitled to a refund for delivery of the defective Goods.  
  42. Goods returned by the Buyer within the seven day cooling off period referred to in clause 9 will be refunded in full, including any cost of sending the Goods to the Buyer. However, unless the Firm confirms otherwise in writing, the Buyer will be responsible for the cost of returning the Goods to the Firm. 
  43. Quality 
  44. The Firm warrants that (subject to the other provisions of these conditions) upon delivery the Goods shall: 
  45. be of satisfactory quality within the meaning of the Sale of Goods Act 1979; 
  46. be reasonably fit for its intended purpose; and 
  47. be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Firm in writing and the Firm has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Firm. 
  48. The Firm shall not be liable for a breach of any of the warranties in condition 11.1 unless: 
  49. the Buyer gives written notice of the defect to the Firm, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and 
  50. the Firm is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Firm) returns such Goods to the Firm's place of business at the Firm's cost for the examination to take place there. 
  51. The Firm shall not be liable for a breach of  any of the warranties in condition 11.1 if: 
  52. the Buyer makes any further use of such Goods after giving such notice; or 
  53. the defect arises because the Buyer failed to follow the Firm's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or 
  54. the Buyer alters or repairs such Goods without the written consent of the Firm. 
  55. Subject to condition 11.2 and condition 11.3, if any of the Goods do not conform with any of the warranties in condition 11.1 the Firm shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Firm so requests, the Buyer shall, at the Firm's expense, return the Goods or the part of such Goods which is defective to the Firm. 
  56. If the Firm complies with condition 11.4 it shall have no further liability for a breach any of the warranties in condition 11.1 in respect of such Goods. 
  57. Limitation of liability 
  58. Subject to condition 4, condition 5 and condition 11, the following provisions set out the entire financial liability of the Firm (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of: 
  59. any breach of these conditions; 
  60. any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and  
  61. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract. 
  62. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract. 
  63. Nothing in these conditions excludes or limits the liability of the Firm:   
  64. for death or personal injury caused by the Firm's negligence; or 
  65. under section 2(3), Consumer Protection Act 1987; or 
  66. for any matter which it would be illegal for the Firm to exclude or attempt to exclude its liability; or 
  67. for fraud or fraudulent misrepresentation. 
  68. Subject to condition 12.2 and condition 12.3: 
  69. the Firm's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and 
  70. the Firm shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract. 
  71. Assignment 
  72. The Firm may assign the Contract or any part of it to any person, firm or company. 
  73. The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Firm. 
  74. Events outside the Firm’s Control 

The Firm reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Firm including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, the Buyer shall be entitled to give notice in writing to the Firm to terminate the Contract. 

  1. General 
  2. Each right or remedy of the Firm under the Contract is without prejudice to any other right or remedy of the Firm whether under the Contract or not. 
  3. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect. 
  4. Failure or delay by the Firm in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. 
  5. Any waiver by the Firm of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract. 
  6. The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. 
  7. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts. 
  8. Communications 
  9. All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax: 
  10. (in case of communications to the Firm) to its office as listed on its website or its invoice or such changed address as shall be notified to the Buyer by the Firm; or  
  11. (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Firm by the Buyer. 
  12. Communications shall be deemed to have been received: 
  13. if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or 
  14. if delivered by hand, on the day of delivery; or 
  15. if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day. 
  16. Communications addressed to the Firm shall be marked for the attention of David Allard. 
  17. Import duty 
  18. If the Buyer orders Goods from the Firm’s website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer will be responsible for payment of any such import duties and taxes. Please note that the Firm has no control over these charges and cannot predict their amount. The Buyer should contact its local customs office for further information before placing its order. 
  19. The Buyer should also note that it must comply with all applicable laws and regulations of the country for which the products are destined. The Firm will not be liable for any breach by the Buyer of any such laws. 

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