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BACKGROUND
These Terms and Conditions are the standard terms for the sale of goods by MyLuthier Ltd, a Limited Company registered in England under number 10269094, whose registered address is 71-75 Shelton Street, London, England, WC2H 9JQ.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2 Each reference in these Terms and Conditions to "writing" and any similar expression includes electronic communications whether sent by e-mail, text message, fax, or other means.
2. Information About Us
2.1 MyLuthier Ltd is a Limited Company registered in England under number 10269094, whose registered address is 71-75 Shelton Street, London, England, WC2H 9JQ.
3. General Terms
3.1 These Terms of Sale ("Agreement") govern the sale of musical instruments and related items by MyLuthier Ltd. ("MyLuthier", "we", or "us") to the customer ("you" or "buyer"). By purchasing any item from MyLuthier, you agree to be bound by the terms and conditions set forth below.
4. Contract and Order
4.1 A contract for the purchase of Goods is formed when we issue a Detailed invoice confirming your Order.
5. Currency
5.1 All instruments are priced in Great British Pounds (GBP). If a quotation is provided in a different currency, please be aware that exchange rate fees and other banking charges may apply, potentially affecting the final price.
6. Sales Finality
6.1 All sales are final. No refunds will be provided for purchases, including online sales and in-person sales following an instrument trial. This clause does not affect your statutory rights, including your right to return items that are faulty, not as described, or otherwise in breach of statutory obligations.
7. Faulty, Damaged, or Incorrect Goods
7.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage, or error, and to arrange for a refund, repair, or replacement.
7.2 If you request a repair or replacement during the first thirty Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.
7.3 Please note that you will not be eligible to claim under this Clause 7 if We informed you of any faults, damage, or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
8. Export Sales
8.1 International sales are made on a Deliver Duty Unpaid (DDU) basis. You are responsible for any applicable customs duties, taxes, and fees upon import. We are not responsible for shipments refused at customs, and returns are not permitted for goods refused or delayed in customs. Please ensure you are fully informed of any duties or taxes that may apply before placing an international order.
9. Price and Payment
9.1 The price of the goods will be as shown in our price list at the time of your order. If the price in your order differs from our current price, we will inform you upon receipt of the order.
9.2 If we quote a special price that differs from the current price list, the special price will be valid for ten days or for the duration of the special offer, as indicated. Orders placed during this period will be accepted at the special price, even if we accept the order after the period has expired.
9.3 Prices may change at any time but will not affect orders that have already been accepted.
9.4 We have made every effort to ensure that our prices are correct at the time of listing. If the actual price is lower than stated, you will be charged the lower price. If the actual price is higher, we will ask how you wish to proceed.
9.5 If our VAT registration status changes between the date of your order and the date of payment, the applicable VAT rate may be adjusted accordingly.
9.6 Prices do not include delivery costs, which may be added to the final sum.
9.7 Payment must be made in full before goods can be dispatched.
9.8 Accepted payment methods:
9.9 If payment is not made by the due date, we may charge interest on the overdue sum at 4% per annum above the base rate of the Bank of England, accruing daily from the due date until payment.
9.10 Interest charges will not apply if you promptly contact us to dispute an invoice in good faith.
9.11 Deposits: Reserve deposits are non-refundable. Once a deposit is received, we will hold the goods in reserve until full payment is made.
10. Maintenance Responsibility
10.1 Ongoing maintenance and servicing are the owner's responsibility. We recommend regular servicing by a qualified luthier.
11. Warranty
11.1 All instruments are sold with a warranty against defects in craftsmanship or materials for up to 30 days from the purchase date. This warranty does not affect your statutory rights. The guarantee does not cover wear and tear, accidental damage, or improper handling.
11.2 This warranty does not limit your legal rights. In the event of a defect, you have the right to seek a repair, replacement, or, if none of these remedies are suitable, a partial or full refund.
12. Online Sales
12.1 Online sales are non-refundable. This clause does not affect your statutory rights, including the right to return items that are faulty, not as described, or otherwise in breach of statutory obligations.
13. Liability
13.1 Our liability is limited to the value of the purchased instrument. We are not liable for any incidental or consequential damages arising from the use of an instrument, except where such liability cannot be excluded under applicable law.
13.2 Nothing in these terms excludes or limits our liability for death or personal injury resulting from our negligence or fraud.
14. Events Outside of Our Control (Force Majeure)
14.1 We are not liable for delays or failures resulting from events beyond our reasonable control, including but not limited to power failures, strikes, civil unrest, natural disasters, or other unforeseen circumstances, except where such liability cannot be excluded under applicable law.
15. Communication and Contact Details
15.1 You may contact us via email at info@myluthier.co.
16. Complaints and Feedback
16.1 We welcome feedback. If you have a complaint, please contact us so that we can address your concerns.
17. How We Use Your Personal Information (Data Protection)
17.1 Personal information will be collected, processed, and held in accordance with EU Regulation 2016/679 General Data Protection Regulation ("GDPR").
17.2 For details on our use of personal data, please refer to our Privacy Notice available on our website.
18. Other Important Terms
18.1 We may transfer our rights and obligations under this Agreement to a third party. You will be notified in writing if this occurs.
18.2 You may not transfer your rights and obligations under this Agreement without our express written permission. However, the benefit of the extended return period in Clause 11 may be transferred without consent.
18.3 The Agreement is solely between you and us. No third party shall have the right to enforce any provision of this Agreement.
18.4 If any provision is found to be unlawful or unenforceable, the remainder of the Agreement will remain in effect.
18.5 A delay or failure by us in enforcing any provision of this Agreement shall not be construed as a waiver of our rights.
19. Trade-In Terms
19.1 Customers who purchased an eligible MyLuthier Collection instrument may receive credit towards the purchase of another MyLuthier Collection instrument.
19.2 Full value credit is exclusive of VAT, duties, or shipping costs.
19.3 Trade-ins are subject to a condition assessment. Goods must be in original condition.
19.4 Trade-ins must be for the same category of goods (e.g., violins for violins).
19.5 Any required repairs will be deducted from the trade-in value.
19.6 Substantial damage or modifications that reduce value may disqualify the instrument from trade-in eligibility.
19.7 Any modifications or repairs must meet our standards. Additional costs may apply if work does not meet our requirements.
19.8 A reconditioning fee will apply for assessments, new strings, setup, and minor repairs.
19.9 Customers must pay any difference in value plus applicable taxes.
19.10 Cash refunds are not permitted for trade-ins.
19.11 Only one item can be traded in at a time.
19.12 A waiting period of up to two years may be enforced before a trade-in is allowed.
19.13 Trade-ins are limited to once per year, per item.
19.14 Trade-ins apply only to MyLuthier Collection instruments.
19.15 Trade-ins cannot be combined with other offers or discounts.
19.16 In the event of a trade-in for an instrument of lesser value, no compensation will be provided for the difference.
19.17 Trade-ins are available only to the original purchaser.
Acknowledgment
By purchasing from MyLuthier, you acknowledge that you have read, understood, and agree to these Terms of Sale in their entirety.