Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us at ed@smokestackguitars.co.uk - we will respond within 3 working days.

 

Application

1.   These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).  We are Smokestack Guitars Limited a company registered in England and Wales under number 15801968 whose registered office is at 25 ROSEBERRY ROAD,  BILLINGHAM,  TS23 2SD  with email address ed@smokestackguitars.co.uk (the Supplier or us or we).

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2.   These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.

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Interpretation

3.   Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

4.   Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;

5.   Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6.   Goods means any goods that we supply to you, of the number and description as set out in the Order;

7.   Order means the Customer's order for the Goods from the Supplier as set out  in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.  

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Goods

8.   The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. 

9.   All Goods are pre-owned and/or used. Goods described as "like new, "as new", "unplayed" or "new/unplayed" have previously been owned. As such they may not come with all standard factory accessories and packaging.

10.   Goods do not come with a warranty (see Warranty & Guarantee Omission Disclosure section below).

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Warranty & Guarantee Omission Disclosure 

11.   As we are not an authorised dealer or distributor for any manufacturer or brand we do not offer a warranty or guarantee for any Goods that we sell. Due to this reason, if our Goods are photographed with, described as having or come supplied with a warranty/guarantee application form (or equivalent) as part of the included accessories, it should be reasonably expected that the manufacturer or brand will not cover the product with their warranty or guarantee scheme. 

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Basis of Sale

12.   The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.

13.   When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

14.   A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted  or if earlier, the Supplier's delivery of the Goods to the Customer.

15.   Any quotation is valid for a maximum period of 1 day from its date, unless otherwise specified or unless we expressly withdraw it at an earlier time.

16.   No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

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Price and Payment

17.   Prices and charges do not include VAT and we are not currently registered to charge VAT.

18.   Orders for international delivery outside of England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands may be subject to import duties, tariffs or other taxes that you must pay as we will not pay them.

19.   Payment for Goods must be made in advance of dispatch or collection of the Goods  You must pay by via bank transfer, Paypal or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

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Delivery

20.   We aim to dispatch the Goods the next working day after payment has cleared. For international orders we aim to dispatch the Goods within the next 2 working days. Due to unforseen circumstances, dispatch of Goods may take longer so please allow for up to 5 working days for dispatch. We will communicate with you via email if there are any delays in dispatching your Goods.  

21.   Delivery is via Parcelforce ExpressAM to England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands. Goods delivered via this method are typically, but not always, delivered in the morning of the next working day of which they were dispatched. You will be supplied with the delivery tracking number via email once this is available to us. 

22.   International delivery is via Parcelforce Global Express. The international destinations served and timeframes for delivery are constantly changing so please contact us via email at ed@smokestackguitars.co.uk for any queries relating to this. You will be supplied with the delivery tracking number via email once this is available to us.

23.   We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

24.   If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing, returning or redelivering them.

25.   The Goods will become your responsibility from the completion of delivery or Customer collection.

26.   If there is any damage from delivery or issues with the Goods you must let us know within 24 hours of receiving delivery by emailing ed@smokestackguitars.co.uk.

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Returns of Goods Purchased Online

27.   For Goods purchased online you have 14 days from the date of delivery to notify us that you would like to return them. To notify us that you wish to return the Goods you must email us at ed@smokestackguitars.co.uk - we will reply back to authorise the return process and give details with how to proceed.

28.   Once we have authorised the return you have 14 days to return the Goods to back to us for a full refund.

29.   Goods must not under any circumstances be returned to us without first receiving our authorisation. We will reject any Goods returned in this manner.

30.   Returns are to be sent back to us in all their original packaging via a tracked, signed for and fully insured delivery service. It is up to you pay the return delivery cost and to ensure the item is fully insured and safely delivered back to us. We will not accept responsibiltiy for loss or damage during return transit.

31.   Goods and their respective accessories must be returned back to us in the exact same condition they were sent to you in and must have no signs of use since we have dispatched it. We reserve the right to reject the return or may choose to only issue a partial return if this condition is not met.

 

Goods Bought In-Person

32.   If you have visited one of our physical locations to check the Goods before collection, we are under no legal obligation to offer a return. Goods bought under this circumstance are sold on an "all sales are final" basis. 

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Risk and Title

33.   Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.

34.   You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Withdrawal

35.   You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. 

 

Conformity

36.   We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

37.   Upon delivery, the Goods will: 

       

          a. be of satisfactory quality

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          b.   be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

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          c.   conform to their description.

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38.   It is not a failure to conform if the failure has its origin in your materials.

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Circumstances Beyond the Control of Either Party

39.   In the event of any failure by a party because of something beyond its reasonable control: 

          a.   the party will advise the other party as soon as reasonably practicable; and

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          b.   the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.

 

Privacy

40.   Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

41.   These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found on our website.

42.   For the purposes of these Terms and Conditions: 

          a.    'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

          b.   'GDPR' means the UK General Data Protection Regulation.

          c.   'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

43.   We are a Data Controller of the Personal Data we Process in providing the Goods to you.

44.   Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: 

          a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

          b.   we will only Process Personal Data for the purposes identified;

          c.   we will respect your rights in relation to your Personal Data; and

          d.   we will implement technical and organisational measures to ensure your Personal Data is secure.

45.   For any enquiries or complaints regarding data privacy, you can email: ed@smokestackguitars.co.uk.

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Excluding Liability

46.   The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).

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Governing Law, Jurisdiction and Complaints

47.   The Contract (including any non-contractual matters) is governed by the law of England and Wales.

48.   Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

49.   We try to avoid any dispute, so we deal with complaints as follows: email ed@smokestackguitars.co.uk

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