PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1. Format of the Contract

1.1 These terms of sale apply to all goods supplied by Something Guitar Ltd, whose registered office is 27 St Michaels Drive Watford Hertfordshire WD25 7JN registered in England and Wales No. 6931692("we", or "our" or "us").

1.2 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).

1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.

1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.

1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.

1.6 The contract is subject to your right of cancellation (see condition 6 below).

1.7 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).

1.8 We may change these terms of sale without notice to you in relation to future sales.

1.9 We may revise these terms and conditions at any time by updating this content. Users should check these terms and conditions periodically. Entering the Web site will constitute your acceptance of these terms and conditions, including recent changes, whether or not you chose to review these changes.

1.9a While we endeavour to ensure that this Web site is normally available 24 hours a day, we will not be liable if for any reason this Web site is unavailable at any time or for any period. Access to this Web site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons that are beyond our control.

2. Description and price of the goods

2.1 The description and price of the goods you order will be as shown on our website at the time you place your order.

2.2 If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.

2.3 If within 7 working days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 7 working days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).

2.4 Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mispriced goods and offering you the option of:

2.4.1 placing a new order at the correct price for those goods;

2.4.2 cancelling the whole of your order; or

2.4.3 cancelling your order for the mispriced goods and reconfirming your order for the correctly priced goods.

If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:

(a) if all of the goods you have ordered are found to be mispriced, the entire order will be cancelled automatically and we will refund or re-credit you for any sum you have paid for those goods; or

(b) if only some of the goods you have ordered are found to be mispriced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mispriced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mispriced goods.

2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mispriced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.

2.6 In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on our website at the point that you place your order.

2.7 We invoice in UK pounds sterling as we do not accept foreign currency. At the point of payment, your card issuing bank will convert the amount paid in UK pounds to Euros / US Dollars using their current exchange rate. Please bear in mind our[if displayed] Euros / US Dollar display is a guide and that your bank exchange rate may be different to our online display which will reflect on your card statement.

3. Payment

3.1 Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle us to terminate the contract immediately.

3.2 There will be no delivery until cleared funds are received.

3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid us to you.

4. Delivery

4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.

4.2 Orders placed before 3.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)

4.3 If delivery cannot be made to your address for reasons under our control we will inform you as soon as possible.

4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under our control) then without prejudice to any other right or remedy available to us , we may:

4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or

4.4.2 sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.

4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to us. Should you fail to return the goods, we reserve the right to deduct any direct costs incurred by us in retrieving the goods as a result of such failure.

4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, we will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.

4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.

4.8 Delivery quoted is for UK Mainland - Additonal charges will apply for other destinations.

4.9 Delivery time quoted is approximate and subject to delays including, but not limited to ;weather,acts of god,breakdowns.We will not be liable for any costs incurred by delayed delivery.

5 Risk/Title

5.1 The goods are at your risk from the time of delivery.

5.2 Ownership of the goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of:

5.2.1 the goods, and

5.2.2 all other sums which are or which become due to us from you on any account.

5.3 We shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from us.

6. Your right of cancellation

6.1 You have the right to cancel the contract at any time up to 7 working days.

6.2 To exercise your right of cancellation, you must give written notice to us by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.This includes damaged,faulty or incorrect goods [ as part or whole of the delivery]

6.3 Except in the case of faulty goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned to the address shown within the returns section of our website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty goods we shall, after receiving notification in accordance with condition 7.4, 7.5 or 7.6, either collect the goods from you or ask you to return the goods to us in accordance with our Returns procedure (see condition 1 below and Returns section).

6.4 Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

6.5 Except in the case of faulty goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.

6.6 You do not have the right to cancel the contract if the order is for the following items:

6.6.1 all microphones, any in-ear earphones, or in-ear monitors, and any other items that touch your mouth, your nose, or your inner ear;

6.6.2 bespoke orders [including but not limited too specific colours and/or models that are out of stock or not stocked] and products that require fixed installation;

6.6.3 software, media, sample CD’s and any other copyrighted goods which has been unsealed by you, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods;

6.6.4 hardware and software bundled products where the software has been registered.

7. Warranty

7.1 All new goods supplied by us are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the 12 month warranty period, you should follow our returns procedure (see condition 11 below). In the event of a valid claim for a defect in the new goods, where clauses 7.4 or 7.5 do not apply, then we will (at our option) either:

7.1.1 replace those goods, if we have available the same goods at the same price;

7.1.2 repair those goods; or

7.1.3 refund or re-credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with our returns procedure (see condition 11 below).

7.2 Wherever possible, previously used or owned goods ("Used Goods") will be highlighted as being so used on our website at the time you place your order. All Used Goods supplied by us are warranted free from defects for 90 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 90 day warranty period, you should follow our returns procedure (see condition 11 below). In the event of a valid claim for a defect in the Used Goods, we will (at our option) either:

7.2.1 replace those Used Good(s), if we have available the same Used Goods(s) at the same price;

7.2.2 repair the Used Good(s); or

7.2.3 refund or re-credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with our returns procedure (see condition 11 below).

7.3 The warranties in conditions 7.1 and 7.2 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's instructions, or any alteration or repair carried out without our prior written approval.

7.4 If the goods supplied to you are damaged in transit, you should notify us in writing via email within 7 working days of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 11 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 7.1, 7.2 and 7.5.

7.41 If the goods supplied to you are not the goods you ordered, you should notify us in writing via email within 7 working days of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 11 below). Once we have verified the goods are incorrect, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 7.1, 7.2 and 7.5.

7.5 If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 7 working days of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 11 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 7.1 and 7.2.

7.6 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing via email, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.

7.7 If there is a discrepancy with the goods supplied to you, you should notify us in writing via email within 14 days of receipt of the goods.

8. Limitation of Liability

8.1 Subject to 8.2 below, we shall not be liable to you for any loss or damage in circumstances where:

8.1.1 there is no breach of a legal duty owed to you by us or by our employees or agents;

8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;

8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.

8.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.

9. Data Protection

We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.

10. Images & Links

Product images are for illustrative purposes only and may differ from the actual product. This Web site and all materials on it, including, but not limited to, images, illustrations, posts, audio clips, video clips are the sole property of Something Guitar and its partners, affiliates and licensors and are protected from unauthorised copying and dissemination by copyrights that are owned or licensed by us, its partners, affiliates and licensors and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any materials from our Web site without the prior written permission from us. However, you may download or make one copy of the materials and other downloadable items displayed on the Web site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the materials are left intact. Any modification of the materials, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of these terms and conditions and our copyrights and other proprietary rights. Use, reproduction or storage of these materials on any other Web site or any public or private retrieval system or service is prohibited without prior written permission from us. If you breach any of these terms and conditions, your permission to use this Web site automatically terminates and you must immediately destroy any downloaded, printed or archived extracts or material from this Web site.

Links

We are no way responsible for the content of any Web sites that may be linked to or from www.somethingguitar.com. These links are provided for the user's convenience only and the user accesses them at their own risk. Any other Web site accessed from this Web site is independent from us, and we have no control over the content of these other Web sites. In addition, a link to any other Web site does not imply that we endorse or accept any responsibility for the content or use of such other Web sites.

If you would like to link to this Web site, you may only do so on the basis that you link to, but do not replicate, the home page of this Web site, and subject to the following conditions:

a. you do not remove, distort or otherwise alter the size or appearance of the Something Guitar logo;

b. you do not create a frame or any other browser or border environment around this Website;

c. you do not in any way imply that Something Guitar is endorsing any products or services other than its own;

d. you do not misrepresent your relationship with us nor present any other false information about us;

e. you do not otherwise use any Something Guitar trade marks displayed on this web site without express written permission from us;

f. you do not link from a web site that is not owned by you; and

g. your web site does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted above for breach of these terms and conditions and to take any action it deems appropriate.

You shall indemnify us for any loss or damage suffered by us. Any rights not expressly granted in these terms and conditions are reserved

11. Returns

11.1 For all details of our returns policy please visit the returns page on our website.

11.2 In particular, please note that any items returned to us that you claim to be faulty or incomplete are checked and verified by our technicians. Any returned items that are found not to be faulty or incomplete will be returned to you and we shall be entitled to charge you for the return carriage costs via your original payment method. In the event that your credit card has expired, or is declined we will hold the item(s) until full payment has been made for the return carriage.

11.3 Any items that you return to us are at your own risk, therefore we strongly advise all our customers to take reasonable care when returning any items to us for example, by ensuring the goods are correctly addressed, adequately packaged, and carried by a reputable carrier.

12. Governing Law and Jurisdiction

These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.