General conditions EVO-Custom Guitars
Article 1- General
1. These General Conditions apply to the use of our website www.conquerorguitar.com , all offers made and all agreements concluded between us, Evo-Custom Guitars, located in Maastricht at (6228 CM) Hogeborg 6, the Netherlands and our Customers.
2. Any deviations from or additions to these General Conditions shall only be valid if they have been explicitly agreed in writing.
3. General conditions of parties who contract with us are not applicable.
Article 2- Definitions
1. In these General Conditions, the following terms are understood to mean:
a. Customer: those with whom we conclude an agreement for the sale of Goods or the delivery of Services.
b. Goods: all tangible goods as well as components thereof and therefore as offered for sale by us.
c. Services: all services conducted by us relating to the Goods.
Article 3- Offers and agreements
1. The agreement is concluded when the Customer has indicated the acceptance of the offer through the use of the website www.conquerorguitar.com.
2. All prices on the internet site and in offers and order confirmations are subject to printing and typesetting orders. Liability shall not be accepted for the consequences of printing and typesetting orders.
3. Characteristics of the Goods indicated by us, including but not limited to dimensions, colours, weights, sound and use are approximate only. We shall not be liable for minor deviations unless expressly stipulated otherwise in writing.
4. Changes to the agreement and differing from the General Conditions are only valid and enforceable when the buyer and seller have agreed upon them in writing.
5. The Customer can dissolve the agreement without reason only within 14 days after delivery of the Goods or order of the Service prior to the conducting of the Service, by sending an e-mail to the following address: firstname.lastname@example.org .
The Customer bears the costs and risks of this return delivery. We will pay back to the Customer the costs of the Goods and the delivery to the Customer when the Goods are intact and have been returned in their original packaging to the following address: Hogeborg 6, 6228 CM Maastricht, The Netherlands.
Article 4- Price and payment
1. All offers and agreements are made in Euro’s, unless otherwise specified.
2. The prices given by us include VAT in the Netherlands (‘Belasting Toegevoegde Waarde’). All other value added taxes, turnover taxes, government taxes and duties will all be for Customer’s risk and account.
Article 5- Delivery
1. The data necessary for the delivery of the Goods and Services need to be provided by the Customer to us in a timely and adequate fashion before the agreement is concluded. Any mistakes in the delivery information provided to us are for the risk and account of the Customer.
2. We properly pack the Goods in such a manner that by normal transport they will reach their destination in good condition. We will send the Goods by registered post if possible.
3. The delivery costs of the Goods vary depending on the indicated destination by the Customer. The Customer can check the expected costs of delivery on our website www.conquerorguitar.com . When the actual costs of delivery are higher than the expected costs this is for the risk and account of the Customer. The costs of delivery to the destination are borne by the Customer.
4. The delivery period of the Goods starts after we have sent the order confirmation to the Customer. We shall keep the indicated delivery period of the Goods of 4 weeks as much as possible. In case of delays we will inform the Customer accordingly. Excess of this period by whatever cause, will in no way give the Customer the right to indemnification, dissolution of the contract or suspension of the fulfillment of any obligation resulting from this agreement.
5. The risk is transferred to the Customer at the moment the Goods are delivered or the Services are completed.
Article 6- Guarantee
1. We do not give any guarantee (explicit or implicit) other than as specifically described in the agreement or these General Conditions. This guarantee applies only to the Customer.
2. The guarantee period of the Goods is 2 years. The guarantee period begins from the acceptance as defined in article 3.1.
3. We shall remedy faults falling under this guarantee free of charge, by repair or replacement of the faulty Goods all at our discretion unless this is impossible or cannot reasonably be asked of us. The guarantee provisions are only applicable if:
a. The use and maintenance instructions and any other instructions by us have been followed;
b. The Goods have not been assembled and/or disassembled and/or repaired and/or changed by the Customer or a third party, without our permission;
c. The fault does not relate to normal wear and tear;
d. The Goods have not been misused;
e. Guarantee claims are made to us in writing within an appropriate time after the discovery of any fault, and no later than within 7 days of the expiry of the guarantee period, and including documentation giving evidence of the validity of the guarantee claim.
4. When there is a fault in the Goods at the time of delivery the Customer must inform us within 21 working days of said fault, otherwise the goods are presumed to be in conformity at the time of delivery.
5. If we replace Goods in the performance of its guarantee obligation, the removed Goods immediately become our property and shall be made accessible to us. The costs of delivery are borne by us and we determine the manner the Goods should be delivered to the destination indicated by us.
Article 7- Liability for damage
1. We accept no liability whatsoever for damage arising from, relating to or in connection with the placement of the Goods in other products or the connection of the Goods to other products.
2. We accept no liability whatsoever for damage arising from, relating to or in connection with the conducting of the Services.
3. We accept no liability whatsoever for damage arising from, relating to or in connection with diminution in value of Goods, repossession of Goods and damage resulting from misuse of the Goods by the Customer or a third party.
4. The above exclusion of liability does not apply if and insofar as intent or gross negligence concerning the cause of the damage can be ascribed to a person charged by us.
Article 8- Indemnification
The Customer indemnifies and holds Evo-Custom Guitars harmless against any and all third party claims relating to any act or omission by the Customer relating to the Goods and Services.
Article 9- Personal information
1. All personal information, including but not limited to personal contact information, addresses, bank account numbers, are only used for the purpose of the agreement.
2. We will not use personal information for commercial purposes unless the Customer has expressly agreed upon this use.
3. We will not make personal information commercially available to third parties.
4. We take all reasonable measures to ensure the protection of the personal information.
5. We accept no liability for any misuse of personal information.
Article 10- Intellectual property
1. The ownership and all rights of industrial and intellectual property in the Goods at all times remain with us. The Customer recognizes these rights.
Article 11- Validity of the Agreement
If any provision of these General Conditions Agreement is or becomes invalid or non-binding, the Customer and Evo-Custom Guitars shall remain bound by all other provisions hereof. In that event, Evo-Custom Guitar shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these General Conditions.
Article 12- Applicable law and disputes
1. Dutch law is exclusively applicable to all offers made and/or agreements concluded by us, including associated agreements, and all disputes arising there from.
2. The competent court is the Dutch court of Limburg (Rechtbank Limburg), the Netherlands.
These general conditions are deposited at the local Chamber of Commerce (Kamer van Koophandel) where Evo-Custom Guitar is located. The latest version of the general conditions is applicable or the version which was applicable when the agreement was concluded.