The Guitar Company
Sint Bavostraat 27
4891 CG Rijsbergen
The Netherlands

+31 (0)76 230 50 69
Email: info@theguitarcompany.nl
Website: https://www.theguitarcompany.nl

KvK (Chamber of Commerce): 69657947
VAT-Number: NL002231766B66

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

"Business Day" means a calendar day, other than a Saturday, a Sunday or a Dutch holiday, on which banks are normally open in the Netherlands;

"Consumer" the natural person who is not acting for purposes related to his trade, business, craft or profession.

"Agreement" means any contract related to orders of Products available on The Guitar Company Webshop concluded between The Guitar Company and the Consumer through The Guitar Company website.

"BW" means Civil Code;

"Durable medium" any device - including e-mail - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

"The Guitar Company Webshop" betekent de online webshop van The Guitar Company op de The Guitar Company Website;

“The Guitar Company Website” betekent de website van The Guitar Company op www.theguitarcompany.nl;

"Terms and Conditions" means these Terms and Conditions of The Guitar Company;

"Intellectual Property Rights" means all existing and future intellectual property rights, existing anywhere in the world, whether registered or unregistered (including but not limited to all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how and all rights relating to the foregoing) with respect to the Products and The Guitar Company Website;

"Parties" means The Guitar Company and the Consumer jointly;

"Product" means all goods that The Guitar Company produces and/or sells under - among other things - the (trade) name 'The Guitar Company'.

3.1. These general terms and conditions apply to every offer by The Guitar Company and to every distance contract created between The Guitar Company and consumer.

3.2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, The Guitar Company will, before the distance contract is concluded, indicate how the general conditions can be viewed at The Guitar Company and that they will be sent as soon as possible at the consumer's request.

3.3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise at the consumer's request.

3.4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favorable to him.

4.1 If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

4.2 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If The Guitar Company uses images, these are a true representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind The Guitar Company.

4.3 Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.

5.2 If the consumer has accepted the offer electronically, The Guitar Company will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the The Guitar Company, the consumer can rescind the agreement.

5.3 If the agreement is created electronically, The Guitar Company will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, The Guitar Company will observe appropriate security measures.

5.4 The Guitar Company can - within legal frameworks - investigate if the consumer can fulfill his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, based on this investigation, The Guitar Company has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution.

5.5 The Guitar Company will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:

6.1 The consumer may dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period.

There is no legal reflection period for it:
• Store purchases.
- Custom or on-demand products, or personalized products.

6.2 The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:

6.2.1 if the consumer ordered multiple products in the same order: the day the consumer, or a third party designated by him, received the last product. The Guitar Company may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.

6.2.2 if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;

6.2.3 for contracts for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content not delivered on a tangible medium:

6.3 The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).

6.4 The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:

6.5 If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

6.6 If The Guitar Company has provided the information referred to in the previous paragraph to the consumer within 12 months of the effective date of the original withdrawal period, the withdrawal period expires 14 days after the day the consumer received that information.

7.1 During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

7.2 The consumer is only liable for depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.

7.3 The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

8.1 If the consumer exercises his right of withdrawal, he notifies The Guitar Company within the withdrawal period using the model withdrawal form or other unambiguous way.

8.2 As soon as possible, but within 7 days from the next day on the notification suggested in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) The Guitar Company. This is not necessary if the entrepreneur himself has offered the product for pickup. The consumer has met the return deadline in any case if he returns the product before the cooling-off period has expired.

8.3 The consumer returned the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the precise and clear instructions provided by The Guitar Company.

8.4 The risk and burden of proof for the correct and timely assumption of the right of withdrawal lies with the consumer.

8.5 The consumer shall bear the direct cost of returning the product.

8.6 If the consumer exercises his right of withdrawal, all additional contracts shall be dissolved by operation of law.

9.1 If The Guitar Company enables the consumer's notification of withdrawal by electronic means, it will send a confirmation of receipt without delay upon receipt of this notification.

9.2 The Guitar Company will use the same means of payment the consumer used for reimbursement, unless the consumer agrees to another method. 

10.1 The Guitar Company guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

10.2 An additional warranty provided by The Guitar Company, its supplier, manufacturer or importer never limits the legal rights and claims the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.

10.3 Additional warranty means any commitment by The Guitar Company, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what it is legally obligated to do in case it has failed to fulfill its part of the agreement.

11.1 The Guitar Company will take the utmost care when receiving and executing orders for products and evaluating requests for services.

11.2 The place of delivery is the address the consumer has made known to The Guitar Company.

11.3 Taking into account what is stated in article 4 of these general conditions, The Guitar Company will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery time has been agreed upon. If delivery is delayed, or if an order cannot or can only be partially filled, the consumer will be informed about this within 30 days after ordering. The consumer in that case has the right to dissolve the agreement without cost.

11.4 After rescission in accordance with the previous paragraph, The Guitar Company will promptly refund the amount paid by the consumer.

11.5 The risk of damage and/or loss of products rests with The Guitar Company until the moment of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless explicitly agreed otherwise.

12.1 Unless otherwise provided in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.

12.2 When selling products to consumers, general terms and conditions may never oblige the consumer to make an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

12.3 Consumers have a duty to report inaccuracies in payment information provided or stated to The Guitar Company without delay.

12.4 If the consumer does not meet his payment obligation(s) in time, the consumer, after having been informed by The Guitar Company about the late payment and after The Guitar Company has given the consumer a period of 14 days to still meet his payment obligations, owes statutory interest on the amount due after the non-payment within this 14-day period and The Guitar Company is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2.500,=; 10% over the next € 2.500,= and 5% over the next € 5.000,= with a minimum of € 40,=. The Guitar Company can deviate from these amounts and percentages for the benefit of the consumer.