Welcome to Jaywalk Guitars

Terms and Conditions

Introduction

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Jaywalk Guitars's relationship with you in relation to this website.

The following conditions apply to and are deemed to be incorporated in all contracts for sale and supply of the company's products. By purchasing an item from Jaywalk Guitars you are agreeing to abide by the following Terms and Conditions.

The term 'Jaywalk Guitars' or 'seller' or 'us' or 'we' refers to the owner of the website, Jaywalk Guitars Limited, registered in England and Wales, Company number: 07791343 and having our registered address at: 104 Hight Street, Street, Somerset, BA16 0EW. Our VAT number is: 99 1181 405

The term 'you' or 'buyer' refers to the user or viewer of or customer using our website.

Use of this website

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Jaywalk Guitars are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"

- to cause annoyance, inconvenience or needless anxiety

 

Sales Terms and Conditions

Making the contract

All orders are placed under the general law of contract except insofar as the same is inconsistent with these terms and conditions and is capable of modification thereby. These terms and conditions exclude any other terms and conditions inconsistent therewith which a buyer might seek to impose even though such other terms and conditions may be submitted in a later document and or purport to exclude or supersede any terms or conditions inconsistent with them or may be contained in any offer acceptance or counter offer made by the buyer. No variation of these terms and conditions is permitted unless expressly accepted by us in writing.

The placing of an order on the website expresses acceptance of these sales terms and conditions.

Contract to supply goods at the price stated has not been confirmed until the order has been placed, payment has been made [or accepted on an agreed account] and confirmation given that the goods have been dispatched via email to the buyer. Jaywalk Guitars may withdraw this offer to supply up until the point of dispatch confirmation.

These terms and conditions do not affect the buyer's statutory rights.

Cancellation and Returns

Returns under Distance Selling Regulations

Under e-Commerce selling regulations the buyer has the right to cancel their order for reasons other than the item being faulty. The buyer has 14 working days to do this from the day after the date of delivery to the delivery address designated in the order. We do not accept goods back outside this time frame, so please contact us promptly.  Any cancellation must be notified in writing by the buyer to Jaywalk Guitars and acknowledged by us.

If the buyer cancels the order they will be entitled to a full refund of the order value.  Goods must be returned to us in an acceptable and re-saleable condition - this means all packaging and protective coverings must be intact.  The buyer must ensure the Goods are not damaged in transit.  Any cost incurred in returning the Goods and packaging them for transit is the sole responsibility of you the buyer.  Once we have in accordance with this clause received the Goods, we will refund the order value in full.  If we incur any damage or carriage charges, then we reserve the right to deduct such charges from the full order value.

No other other cancellation by the buyer is permitted except where expressly agreed by us in writing.

Returns under Warranty / Faulty Goods / Damaged in Transit

In the above situations, please contact us as soon as possible.  We will arrange for the faulty or damaged goods to be returned to us as soon as possible for repair or replacement.  Faulty items covered under warranty but outside the statutory 14 day cooling off period are not eligible for refunds - warranties are repair or replace, in accordance with your statutory rights.

 

Price

All prices shown on the website are made in good faith however the company reserves the right to alter prices and /or specifications at any time and without prior notice.

All prices shown for products and delivery include Value Added Tax (VAT) at the statutory rate current at the date of invoice.

Terms of Payment

All on-line transaction payments are due at the point of ordering.

Ownership of Goods

We retain title to the goods until payment is made in full. However the risk therein and all liabilities to third parties in respect thereof shall pass to the buyer on delivery.

If payment is made and then is withdrawn once goods have been shipped, Jaywalk Guitars will seek to recover the goods or the value of the goods plus expenses. Interest will be charged at the rate of 8% above bank base rate.

Delivery

Delivery times will be in accordance with our latest delivery information (as posted on this website). Once the item has left us we are in the hands of the carrier in order for them to attain the target delivery time. We do not supply contact details for the carrier upon the order being dispatched. Please contact our office if you need us to chase delivery.

IMPORTANT - GOODS DELIVERED BY CARRIER MUST BE INSPECTED BEFORE SIGNING. IF THE ITEM IS DELIVERED DAMAGED YOU MUST EITHER NOT ACCEPT DELIVERY OR YOU SIGN FOR IT AS DAMAGED AND NOTIFY US WITHIN 24 HOURS. IF YOU DO NOT DO THIS THE CARRIER WILL NOT ACCEPT LIABILITY AND WE CANNOT REPLACE THEM FREE OF CHARGE.

If an item is received damaged we must be notified within 24 hours of the parcel being delivered. This can be either in writing, by email, or by calling our office. If by email, you must receive a response within 24 hours (automated response not included) otherwise you must call our office.

We will then receive a claim number from the carrier, and the replacement or missing items will then be dispatched out to you upon the original item being collected.

You agree to cooperate with any investigation made by the carrier, and with arranging a convenient time for the damaged item to be collected. If the carrier has been unable to collect the item from the buyer due to the fault of the buyer, we reserve the right to charge the buyer for the replacement on the original method of purchase.

A card number will have to be taken prior to dispatching out a replacement.

Missing Parcels: If your parcel is missing, this will have to be verified with the carrier. As soon as they issue a claims number, a replacement will be dispatched using the same service method.

If the original item has been found, it must be refused by the buyer so it can be returned to sender. If it is accepted and we are informed that the buyer has received both items, it has to be returned to Jaywalk Guitars at the buyers cost, or both items can be charged to the buyer

Warranty

No representation or warranty is given as to the suitability or fitness of the Goods for any particular purpose and the buyer shall satisfy himself in this respect and shall be totally responsible therefore. If the Goods are in such a state as would but for this condition entitle the Buyer to repudiate the contract and/or claim damages from Jaywalk Guitars we reserve the right to repair or replace the Goods or reimburse to the Buyer the price paid therefore.

Health and Safety

The Goods are supplied with such items of safety equipment as are fitted at the time of sale. Any additions which shall be necessary in connection with the installation or use of the Goods to satisfy the requirements of the Factories Acts. Health and Safety At Work Act or other statutory enactments for the time being in force shall be paid for separately. The buyer shall be responsible for complying at his own expense with any health and safety requirements necessary for the safe operation of the Goods.

Liability

Nothing in this clause shall be deemed to exclude or restrict our liability for death or personal Injury resulting from negligence.


Exclusion

This clause only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect or in the case of secondhand Goods fair wear and tear. We agree that If any defect covered by this clause is discovered during the period of three months commencing with the date of despatch, we will either repair the Goods at our own expense or, if we choose to do so, replace them or reimburse the purchase price. The Buyer cannot claim the benefit of this clause unless:

- he informs us of the relevant defect in writing within 7 working days of discovering it; and

- he returns the Goods to us at his own expense.

The risk of accidental loss whilst the Goods are being returned will be borne by the Buyer. In consideration for receiving the benefit of this clause, the Buyer agrees that, apart from those terms set out in clause 7 no other terms,whether conditions, warranties or innominate terms, express or implied, statutory or otherwise, shall form part of this contract except where the Buyer deals as consumer within sectionl 2 of the Unfair Contract Terms Act 1977 when the terms implied by section 13, 14 and 15 of the Sale of Goods Act 1979 shall be implied into the contract.


Exclusion of Consequential Loss

Jaywalk Guitars shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from our negligence). Non exhaustive illustrations of consequential or indirect loss would be

- loss of profit- loss of contracts

- damage to property of the Buyer or anyone else and

- personal injury to the Buyer or anyone else (except so far as such injury is attributable to our negligence).

 

Copyright and Trademarks

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Marketing

By ordering from us, we reserve the right to contact you through email or other marketing sources after placing an order. We will use your personal information in order to inform you of our offers and news and for profiling your purchasing preferences and other marketing purposes. You will always have the option to unsubscribe to any marketing email sent. Buyer data is always protected, and not sold on or used by any 3rd parties other than Jaywalk Guitars and our marketing agents.

Force Majeure

Notwithstanding anything herein contained we are not to be held liable for any delay or failure to carry out the order through circumstances beyond our control

Governing Law

Your use of this website and any dispute arising out of such use of the website along with contracts made with you are governed and construed according to English Law and the buyer agrees to submit to the jurisdiction of the English Courts.