GENERAL TERMS AND CONDITIONS
These general terms and conditions were published on 20 April 2021 (the “General Terms and Conditions”).
Read these General Terms and Conditions carefully. They form a legally binding agreement between you and Gibson Europe BV. When making use of our web shop you declare to agree with these terms and conditions.
Who we are: Gibson Europe B.V.
Smallepad 15
3811 MG Amersfoort
The Netherlands
Telephone (Customer Services): 00800-44427661 or (00800)-4GIBSON1
Email: Service.Europe@gibson.com
VAT: NL811674393B01
CoC: 34180426 (Registered with the Dutch Chamber of Commerce under number 34180426)
(“Gibson” or “we”)
Foreword
We love music but the legal piffle not so much, however we are convinced that a good experience with our products stands or falls on clarity about your and our mutual rights and obligations because sometimes things do go wrong. We also want to be the best in solving those things, which implies, inter alia, that in case of obscurity or problems we shall make our best effort to reach the best solution for you. And you should not expect anything less of the best guitar brand in the world …
1. Applicability
1.1. The General Terms and Conditions are applicable to any and all orders placed by you and confirmed by Gibson via our web shop and any and all (other) agreements and (legal) actions between Gibson and you. By clicking on the “I AGREE” button on our website you declare to agree with the General Terms and Conditions. Here you can read, download, save and print the General Terms and Conditions.
1.2. We can change the General Terms and Conditions at any time. As the occasion arises, we shall publish the revised version on the Gibson website. The said version shall immediately take effect, barring in respect of previously placed orders.
2. Ordering procedure
2.1. You must be 18 years or over and resident in the European Economic Area to be able to place a valid order via the website. The order is placed at the moment that you click the “order with payment obligation” button. A payment obligation arises in accordance with the payment method selected by you.
When Gibson confirms the order, the purchase agreement is concluded. Acceptance of your order is subject to the availability of the products. Gibson will have the right to deny orders.
2.2. After that you receive an email from Gibson containing the most important arrangements regarding your purchase, including an overview of the products and the total and itemised price. It shall also include a link to these General Terms and Conditions and FAQ in order that you can also check these afterwards in case you have questions about, for instance, your right of withdrawal, the warranty and our complaints handling scheme.
2.3. We aim to always inform you in the[FS1] best way possible and we shall inform you via email at various times in the order processing process.
3. Prices
3.1. The prices on the website are including VAT at the relevant local rate, but are, however, excluding shipping costs. The said shipping costs shall be added to the basket in the payment part of the website so that you can always see the total price before the agreement is concluded.
Also see our FAQ for more information.
4. Payment / reservation of title
4.1. Gibson only accepts payment through the payment methods mentioned on the site, i.e. the credit cards or other payment methods mentioned on the site. We do not offer credit facilities for products purchased from us.
4.2. Any and all payment transactions may be subject to validation checks by the relevant provider of the card or by third parties. These validations shall be carried out in conformity with the Privacy Statement of our payment provider Adyen N.V., a company registered with the Dutch Chamber of Commerce under number 34259528 and having its seat at Simon Carmiggeltstraat 6, 1011 DJ in Amsterdam, the Netherlands
4.3. The complete title of products ordered with Gibson only transfers after we have completed delivery to the delivery address specified by you and the purchase price for the product is paid by you. If, for any reason whatsoever, payment is rejected after Gibson has shipped the product then Gibson is entitled to claim payment in the course of which statutory collection costs can be charged or, instead, Gibson is entitled to claim back the relevant product(s). Gibson reserves the right to rescind the agreement. We can, as the occasion arises, charge costs for claiming back the products.
4.4. Gibson shall by no means be liable for any delay as a result of the aforementioned situations.
5. Delivery
5.1 At present Gibson Europe BV only delivers its products in a limited number of countries within Europe i.e.:
· Austria, Belgium, Germany, France, Spain, Italy, Ireland, the Netherlands and the UK.
5.1.1. On the Reverb platform we are able to fulfil orders from The Netherlands, France, Germany, Italy, Belgium, Spain (exc. Canary Islands) and the UK. The number of countries shall shortly be expanded.
5.2 We only deliver products on working days during working hours and in some instances on Saturdays. This depends on the country and the carrier used. For exact information about these services we refer you to the website or customer service of our carrier. You receive an email with information about your delivery at the moment that your shipment is received by the carrier.
5.3 As soon as you have placed the order you can no longer change the delivery address via the website of Gibson. Should a change be necessary then it is recommended to forthwith contact our customer service in order to check if it is possible to yet change the delivery address. Gibson cannot guarantee that a change of the delivery address is still possible at that moment. Potential additional costs for this shall be passed on to you by Gibson and we shall confirm these costs to you by email.
5.4 The delivery date of a product depends on whether (i) the product is in stock, and (ii) the delivery address specified. If products are on-stock we will use best efforts to deliver within 5 days.
5.5 We assume that the delivery address specified by you is accessible without additional efforts with common means of transport. If this is not the case, then we kindly request you to contact our customer service via email (see above) immediately after the completion of the order.
5.6 As soon as our carrier has delivered your order to you, the risk of the products transfers to you. This means that from the said moment you are liable for the damages to the said products inflicted after the delivery.
5.7 If your shipment has (visible) damages then you must record this upon delivery when taking receipt of your shipment (on the delivery documents or on the terminal of the driver) and inform us immediately (however at the latest within 24 hours) of this by contacting our customer service.
5.8 If you observe after the unpacking of your shipment that your products are damaged, we kindly request you to inform us immediately (however at the latest within 24 hours) of this by contacting our customer service.
6 Right of withdrawal
6.1 You can, without stating reasons, revoke the agreement with Gibson up to 14 calendar days after you have received the product (or in case multiple products were ordered that were shipped via several shipments, 14 calendar days after you have received the last shipment). You do this either by filling out the standard template for exercise of the right of withdrawal, which you can find here, or by sending an email to our customer service department, in which instance:
6.1.1 our Customer Service Department will contact you to make the necessary arrangements for the pick-up of the Product(s) or we may ask you to return the Product and reimburse you for the return costs. Please await our Customer Service Department's instructions. If we are not able to contact you within 14 days after you have contacted us, we will have to assume that you cancel your withdrawal.
6.1.2. We shall forthwith, however in any case within 14 calendar days from the day of receipt of the returned products, repay payments with regard to the purchase price and potential costs for the delivery of the product to you, barring the additional costs if you expressly opted for delivery other than the standard delivery. Upon repayment we shall use the same method of payment that was used for the effectuated payments or, in consultation, pay the amount into a bank account specified by you.
6.1.3 During the period of the right of withdrawal, you are allowed to ascertain the nature, characteristics and/or functioning of the product that you purchased, but you are expected to handle the products diligently. If the handling of the product goes further than what is necessary to establish the nature, characteristics and functioning, then you will be liable for any diminished value of the product resulting therefrom. If we have reasons to believe that you used the product other than to ascertain its characteristics and/or functions, we may need to carry out a quality control. In case we have to conclude that the handling of the products has indeed gone beyond what is necessary, the quality control will be at your expense. If we do, the related costs and the diminished value (see below, section 6.1.5) of the product shall be deducted from your repayment.
6.1.4 Products must be returned to us complete, undamaged and in the original or equivalent packaging. Also see our FAQ for more information. In case of doubt, we request you to call our Customer Service Department for instructions.
6.1.5 If after receipt and quality control we observe that the product has damages (other than demonstrable transport damages) and/or traces of use that goes beyond what is necessary to ascertain the nature, characteristics and/or functioning of the product you purchased, as a result of which the product becomes commercially unmarketable for us, then we reserve the right to hold you liable for the diminished value of the product. We shall confirm this to you by email.
6.1.6 If after receipt and quality control we observe that the product has damages (other than demonstrable transport damages) and/or traces of use beyond what is necessary as a result of which we need to proceed with repair and/or replacement of components in order to render the product commercially marketable again then any and all costs deriving from this shall be at your expense. They shall be deducted from the repayment of the purchase price. We shall inform you of this and confirm the costs to you by email.
7. Additional return policy
7.1 In addition to your right of withdrawal, we offer you an additional return policy. If you are not 100% satisfied, you can also return the product after the right of withdrawal lapses (as mentioned in clause 6) and up to 30 days after you have received the product. We assess the state of the product once we have received it back. The following assessment criteria are applicable:
Instruments
must be in brand new, original condition and must not show any signs of wear and tear, including, but not limited to scratches or damages in the housing or collateral materials. Instruments must also contain all original packaging, cases, manuals, warranties, certificates and accessories that were included with the original delivery.
Strings
are only accepted if they are returned in an unopened original packaging
Accessoires (belts, etc.)
must not show signs of use, and should be returned in its original packaging
Parts, Pickups / Elements
must not show signs of use, and should be returned in its original packaging
Clothing
may only be returned unworn and in new condition, and should be returned in its original packaging
Amplifiers and pedals
must be in brand new, original condition and must not show any signs of wear and tear, including, but not limited to scratches or damages in the housing or collateral materials. Instruments must also contain all original packaging, cases, manuals, warranties, certificates and accessories that were included with the original delivery.
We ask you to send a copy of your invoice in all cases, so that we can process your return.
7.2 Our Customer Service Department will contact you to make the necessary arrangements for the pick-up of the Product(s) or we may ask you to return the Product and reimburse you for the return costs. Please await our Customer Service Department's instructions. If we are not able to contact you within 14 days after you have contacted us, we will have to assume that you cancel your return.
7.3 Refunds will be processed as soon as we can confirm that the condition of the returned item(s) meets our requirements. If received in good condition by us, we will reimburse the purchase price minus transport and any costs for quality control.
If after receipt and quality control we observe that the product does not meet the criteria mentioned in 7.1. and/or has damages, then we reserve the right to not accept the return, or instead, if we need to proceed with repair and/or replacement of components in order to render the product commercially marketable again then any and all costs deriving from this shall be at your expense. They shall be deducted from the repayment of the purchase price. We shall inform you of this and confirm the costs to you by email.
7.4 If you would like more information or if you are in doubt, please contact our Customer Service Department.
8 If a product is damaged or defective
8.1 For our warranty terms and conditions we refer you to
https://www.gibson.com/Support/Warranty-Registration
or you can contact our customer service. Our warranty comes in addition to your legal rights and does not in any way limit such rights.
8.2 If we conclude that there is question of a defect that is covered by our warranty then we shall:
8.2.1 proceed with replacement by an equivalent product, where possible; or
8.2.2 if replacement by an equivalent product is impossible, offer you an equivalent alternative replacement product; or
8.2.3 proceed, in consultation, with repair.
8.2.4 The seller may refuse to bring the goods into conformity if both repair and replacement are impossible or they would impose disproportionate costs on the seller, taking into account all circumstances. The same applies if either repair or replacement is impossible and the alternative remedy would impose disproportionate costs on the seller.
8.2.5 The consumer shall, in principle, not be immediately entitled to a price reduction or termination of the contract, but must allow the seller a reasonable period of time to repair or replace the non-conforming good.
8.3 If we reach the conclusion that a product that you returned to us is actually not damaged or defect then we shall return it to you and charge the additional costs for the return of the product to you. We shall confirm this to you by email.
8.4 If a product that you received from us is not the product that you ordered then we kindly request you to inform our customer service accordingly. We shall then pick up the incorrectly delivered product and deliver the correct product to you or repay the purchase price and potential delivery and return costs to you.
8.5 The consumer shall only be entitled to terminate the contract if the lack of conformity is not minor.
9 Refunds
9.1 Refunds shall take place in conformity with these General Terms and Conditions and through repayment to the same payment method that you used when you placed the order. Banks can take up to 5 days to process the repayment; this is beyond the control of Gibson.
10 Liability
10.1 Nothing in these General Terms and Conditions excludes or limits our liability for:
10.1.1 death or bodily harm due to negligence;
10.1.2 fraud; or statutory requirements or other liability that cannot be excluded pursuant to applicable legislation.
10.2 In the broadest sense permitted by law:
10.2.1 the website and products are offered ‘as is’. Online images of our products are for illustrative purposes but aim to show an accurate view of the product you have purchased;
10.3 The total liability, by agreement, pursuant to an unlawful act (including negligence) or violation of a statutory obligation or otherwise by us, the group companies, directors, employees, carriers or other intermediaries relied on, for damages inflicted on you or a third party shall be limited to at most:
10.3.1 the amount that you paid for the product; or
10.3.2 the amount that our liability insurer pays out in a specific case plus our own risk, to the extent that the insurer proceeds with payment of an amount.
10.4 We, our directors, employees, carriers or other intermediaries relied on, are not liable on account of the agreement, pursuant to an unlawful act (including negligence) or violation of a statutory obligation or otherwise for:
10.4.1 any indirect or consequential damages;
10.4.2 such as any damages deriving from or in connection with loss of income, lost profit, goodwill, data, agreements or interruption of business activities;
10.4.3 any and all damages deriving from the use of the website or web shop, including, but not limited to, the damages in connection with the use, the impossibility of use and the consequences of the use of the website or the web shop, websites linked to the website or the information on the said websites, including, but not limited to, losses or damages due to viruses that may infect your computer equipment, software, data or other properties as a result of your access to, use of or browsing on the website or as a result of downloading data from the website or from websites linked to the website; and/or
10.4.4 potential damages that arise on account of the fact that the products were used in an abnormal manner or due to the implementation of changes in the products, negligence to follow our instructions or use of the products in a negligent manner.
10.5 In case of force majeure we are not held to comply with our obligations, or we are entitled to cancel orders, without you being entitled to any compensation. If the period of force majeure has continued for more than three months then both Gibson and you are entitled to cancel the orders or to rescind the agreement(s), without being liable to pay compensation to the other party.
In addition to section 6:75 of the Dutch Civil Code, force majeure is understood as each and every circumstance beyond our control as a result of which compliance with our obligations is fully or partly hindered. The said circumstances include, inter alia: industrial action, fire, operational breakdowns, power failures, failing or late delivery by suppliers or other hired third parties, the lack of a permit officially to be obtained, sickness or unavailability of employees, as well as failures in a (telecommunications) network or connection or used communications systems and/or the at any time unavailability of the website and/or its content.
10.6 Invalidity and waiver
10.6.1 If and to the extent that a part of these General Terms and Conditions or a provision thereof is declared to be null and void or is nullified or is otherwise invalid then the remaining provisions of these General Terms and Conditions shall remain in full force and effect and the validity of the other provisions of these General Terms and Conditions shall basically not be affected. Gibson and you shall then agree on an alternative provision that best approaches the null and void or invalid provision.
10.6.2 Not relying on the General Terms and Conditions by Gibson does not imply that we waive the rights deriving from the same.
11 Rights of third parties
Third parties cannot derive any rights from these General Terms and Conditions.
12 Transfer
We reserve the right to transfer or outsource any or all of our rights and obligations deriving from these General Terms and Conditions and any agreements with you to one or more third parties. We shall inform you of this by email.
13 Complaints, applicable law and jurisdiction
13.1. Dutch law is exclusively applicable to any and all agreements concluded and to these General Terms and Conditions and to any and all (legal) acts between you and us. The applicability of the Vienna Sales Convention 1980 (CISG) is expressly excluded.
13.2 Any and all disputes that arise out or in connection with the aforementioned agreements and/or that are related to these General Terms and Conditions, and/or the interpretation or implementation thereof, are brought to the exclusive cognisance of the competent court in Amsterdam when we have given you a period of at least one month from the date we invoked this stipulation in writing and you did not opt for dispute resolution by the court having jurisdiction under the law. Alternatively, a consumer can contact the European platform for online dispute resolution for the settlement of the dispute. You can submit a complaint by clicking on this link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
14 Complete agreement
These General Terms and Conditions and our order confirmation jointly form the complete purchase agreement with regard to the order via the web shop for any product and replace any and all prior agreements between you and us with regard to the use of the website and/or your order of the said product.
