order will be despatched within 48 hours (excluding weekends) of
receipt of your order confirmation using Royal Mail Delivery.
Shipping costs confirmed in the PayPal payment process are to mainland UK only. The Guitar Loft will provide overseas shipping costs upon request.
If The Guitar Loft is out of stock of the purchased item(s), we will email you with an alternative product, you can accept this alternative or cancel your order.
You can cancel or change your order by email or telephone at any time before despatch. Changing of an order may result in a delay of despatch.
Please contact us if you wish to return an item. Refunds are provided on inspection and assessment of the returned goods. Any damaged returned goods may not receive full refund amount.
Site last published November 2011.
All prices displayed are inclusive of VAT at the current rate where applicable and correct at the published site date above.
We reserve the right to change prices at all times and without notice.
1 In these conditions the following terms shall have the following meanings:
‘Company’ The Guitar Loft
‘Customer’ means any legal person or body corporate who’s Order is accepted by the Company
‘Contract’ means any contract for the supply of Goods or Services by the Company to the Customer
‘Goods’ means any goods forming the subject of this contract including parts and components of or materials incorporated in them
‘Services’ means any services forming the subject of this contract
2 Quotations by the Company unless otherwise stated in them shall be open for acceptance in 30 days of the date of the quotation
Existence of Contract
3.1 No Contract shall come into existence until the Customer’s order (however given) is accepted by the earliest of:
the Company’s written acceptance
delivery of the Goods or Services, or
the Company’s invoice
These conditions shall be incorporated in the Contract to the exclusion
of any terms or conditions stipulated or referred to by the Customer
No variation or amendment of this document or oral promise or
commitment related to it shall be valid unless committed to writing and
signed by or on behalf of both parties
The Prices for the Goods or Services include packing, insurance and
carriage, VAT, and other taxes or duties. Prices invoiced are calculated
in respect of the quantity of Goods or Services actually delivered and
hours of Services provided irrespective of the quantity in respect of
which any quotation was issued.
The Company shall have the right to adjust its prices for any increase
in the price of materials, parts, labour, and transport, changes in work
of delivery schedules or quantities or any other costs of any kind
arising for any reason after the date of the Contract.
4.3 Price clauses shall take effect on the date of service on the customer of notice of the change.
All invoices are payable without discount of any kind in pounds
sterling on or before the date stated on the Company’s invoice and in no
circumstances shall the Customer be entitled to make any deduction or
withhold payment for any reason at all.5.2 If the Customer fails to pay
the invoice price by the due date the Customer shall not be allowed any
discount given in that invoice or in any other way agreed and shall pay
interest on any overdue amount from the date of which payment was due to
that on which it is made (whether before or after judgement) on a daily
basis at a rate of 8% p.a. or other such rate from time to time
specified by the Supreme Court Act 1981 and reimburse to the Company all
costs and expenses (including legal costs) incurred in the collection
of any overdue amount.
For the purpose of section 12 of the Sale of Goods or Services Act 1979
the Company shall transfer only such title or rights in respect of the
Goods or Services as the Company has and if the Goods or Services are
purchased from a third party shall transfer only such title or rights as
that party had and has transferred to the Goods and Services.
Notwithstanding the earlier passing of risk title in the Goods or
Services shall remain with the Company and shall not pass to the
Customer until the amount due under the invoice (including interest and
cost) has been paid in full.
Until title passes the Customer shall hold the Goods or Services as
bailee for the Company and shall store or mark them so that they can at
all times be identified as the property of the company.
The Company may at any time before title passes and without any
liability to the Customer - repossess and dismantle and use or sell all
or any of the Goods or Services and by doing so terminate the Customer’s
right to use, sell or otherwise deal in them and (for that purpose or
determining what if any Goods or Services are held by the Customer and
inspecting them) enter any premises of or occupied by the Customer.
Until title passes the entire proceeds of the sale of the Goods or
Services shall be held in trust for the Customer and shall be held in a
separate designed account and not mingled with other moneys or paid into
any overdrawn bank account and shall be at all times identifiable as
the Company’s money.
The Company may maintain an action for the price of any Goods or
Services notwithstanding that title in them has not passed to the
Risk, Delivery and Performance
The Goods or Services are delivered to the Customer when the Company
makes them available to the Customer or any agent of the Customer or any
carrier (who shall be the Customer’s agent whoever pays its charges) at
the Company’s premises or other delivery point agreed by the Company.
7.2 Risk in the Goods or Services passes when they are delivered to the Customer.
7.3 The Company may at its discretion deliver the Goods or Services by instalments in any sequence.
Where the Goods or Services are delivered by instalments, no default or
failure by the Company in respect of any one or more instalments shall
vitiate the Contract in respect of the Goods or Services previously
delivered or undelivered Goods or Services.
The Company may deliver to the Customer and the Customer shall accept
in satisfaction of the Contract a lesser number than the number of Goods
and Services ordered.
Any dates quoted by the Company for the delivery of the Goods or
Services and performance of the Services are approximate only and shall
not form part of the Contract and the Customer acknowledges that in the
performance expected of the Company no regard has been paid to any
quoted delivery or performance dates.
If the Customer fails to take delivery of the Goods or Services or any
part of them on the due date and to provide any instructions or
documents required to enable the Goods or Services to be delivered on
the due date, the Company may on giving written notice to the Customer
store or arrange for the storage of the Goods or Services, and on the
service of the notice risk in the Goods or Services shall pass to the
customer, delivery of the Goods or Services shall be deemed to have been
taken place, and the Customer shall pay to the Company all costs and
expenses including storage and insurance changes arising from its
The Company shall not be liable for any penalty, loss, injury, damage
or expense arising from any delay or failure in delivery or performance
from any cause at all nor shall any such delay or failure entitle the
Customer to refuse to accept any delivery or performance of or repudiate
Any claim that any Goods or Services have been delivered damaged, are
not of the correct quantity or do not comply with their description
shall be notified by the Customer to the Company in 7 days of their
Any alleged defect shall be notified by the Customer to the Company in 7
days of the delivery of the Goods or Services or in the case of any
defect which is not reasonably apparent on inspection in 2 days of the
defect coming to the Customer’s attention and in any event in the
for Goods or Services manufactured by the Company 6 months from the date of delivery;
for second hand Goods or Services no period is applicable unless otherwise specified in the Contract; and
for Goods or Services not of the Company’s manufacture the warranty period given by the manufacturer.
Any claim under this condition must be in writing and must contain full
details of the claim including the reference numbers of any allegedly
defective Goods or Services.
The Company shall be afforded reasonable opportunity and facilities to
investigate any claims made under this condition and the Customer shall
if so requested in writing by the Company promptly return any Goods or
Services the subject of any claim and any packing materials securely
packed and paid to the Company for examination.
The Company shall have no liability with regard to any claim in respect
of which the Customer has not complied with the claims procedures in
Scope of Contract
Under no circumstances shall the Company have any liability of whatever kind for:
Any defects resulting from wear and tear, accident, improper use by the
Customer or use by the Customer except in accordance with the
instructions or advice of the Company or the manufacturer of any Goods
or Services or Goods or Services or neglect or from any instructions or
materials provided by the Customer
9.2 Any Goods or Services which have been adjusted, modified or repaired except by the Company
The suitability of any Goods or Services for any particular purpose or
use under specific conditions whether or not the purpose or conditions
were known or communicated to the Company
Any substitution by the Company of any materials or components not
forming part of any specification of the Goods or services agreed in
writing by the Company
Any descriptions, illustrations, specifications, figures as to
performance, drawings and particulars of weights and dimensions
submitted by the Company contained in the Company’s catalogues, price
lists or elsewhere since they are merely intended to represent a general
idea of the Goods or Services and not to form part of the contract or
to be treated as representations
any technical information, recommendations, statements or advice
furnished by the Company its servants or agents not given in writing in
response to a specific written request from the Customer before the
Contract is made, or
Any variations in the quantities or dimension of any Goods or Services
or changes of their specifications or substitution of any materials or
components; if the variation or substitution does not materially effect
the characteristics of the Goods or services, and the substituted
materials or components are of a quality equal or superior to those
Extent of Liability
The Company shall have no liability to the Customer for any loss or
damage of any nature arising from any breach of any express or implied
warranty or condition of the Contract or any negligence, breach of
statutory or other duty on the part of the Company or in any way of or
in connection with the performance of or failure to perform the Contract
except for death or personal injury resulting from the Company’s
negligence, and expressly stated in these conditions.
If the Customer establishes that any Goods or Services have not been
delivered, have been delivered damaged, are not of the correct quantity
or do not comply with their description the Company shall, at its
option, replace with similar Goods or Services any Goods or services
which are missing, lost or damaged or do not comply with their
description, allow the Customer credit for their invoice value or repair
any damaged Goods or Services.
If the Customer establishes that any Goods or Services are defective
the Customer must return those Goods or Services forthwith, at its own
cost, to the Company which will be repaired or replaced at the Company’s
discretion and according to manufacturers warranty. If the Goods or
Services can not be replaced or repaired within 3 months of the
Company’s receipt thereof the Company may credit the Customer in part or
in full at it’s own discretion.
If the Customer returns to the Company any Goods or Services for repair
and some are found to be fault free then the Company may, at its own
discretion, charge the Customer for its reasonable handling costs.
The delivery of any repaired or replacement Goods or Services shall be
at the Company’s premises or other delivery point specified for the
original Goods or Services.
Where the Company is liable in accordance with this condition in
respect of only some or part of the Goods or Services the Contract shall
remain in full force and effect in respect of the other or other parts
of the Goods or Services and no set-off or other claim shall be made by
the Customer against or in respect of such other or other parts of the
Goods or Services.
No claim against the Company shall be entertained for any defect
arising from any design or specification provided or made by the
Customer or if any adjustment’s, alterations to other work has been done
to the Goods or Services by any person except the Company.
The Company shall not be liable where any Goods or Services the price
of which does not include carriage are lost or damaged in transit and
all claims by the Customer shall be made against the carrier.
Replacements for such or lost or damaged Goods or Services will, if
available, be supplied by the Company at the prices ruling at the date
In no circumstances shall the liability of the Company to the Customer
under this condition exceed the invoice value of the Goods or Services.
11.1 The Company may sub-contract the performance of this Contact in whole or in part.
The Customer shall not assign or (without first obtaining the Company’s
written consent) sub-let these Terms and Conditions or the Contract in
whole or in part and it shall be a condition of any such consent to any
sub-letting of these Terms and Conditions or the Contract that the
ensure and be responsible for the compliance by any sub-contractor's with the terms of this contract;
include in the sub-contract provisions consistent with these conditions for the benefit of and enforceable by the Company; and
furnish the Company with copies of any sub-contract upon the Company’s request at any time.
The Company shall have a lien Customer’s property in the Company’s
possession for all amounts due at any time from the Customer and may
use, sell or dispose of that property as agent for and at the expense of
the Customer and apply the proceeds in and towards the payment of such
amounts on 28 days’ notice in writing to the Customer. On accounting to
the Customer for any balance remaining after payment of any amounts due
to the Company and the costs of sale and disposal the Company shall be
discharged of any liability in respect of the Customer’s property.
The Company may at its discretion suspend or terminate the supply of
any Goods or Services if the Customer fails to make any payment when and
as due or otherwise defaults in any its obligations under this Contract
or any other contract with the Company or becomes insolvent, has an
administrative receiver appointed of its business or is compulsorily or
voluntarily wound up or the Company shall be discharged of any liability
in respect of the Customer’s property.
If the Goods or Services are manufactured in accordance with any design
or specification provided or made by the Customer the Customer shall
compensate the Company in full on demand for all claims, expenses and
liabilities of any nature in connection with them, including any claim,
whether actual or alleged that the design or specification infringes the
rights of any third party.
Except for any which is expressly agreed to be included in the Goods
and Services all tools, patterns, materials, drawings, specifications
and other data provided by the Company shall remain its property and all
execution of any orders shall become the property of the Company.
The Customer shall not at any time whether before or after the
termination of this Contract divulge or use any unpublished technical
information deriving from the Company or any other confidential
information in relation to the company’s affairs or business method of
carrying on business.
Orders for Goods or Services which have to be made especially for the
Customer will be charged in full unless written notice of cancellation
is received not later than 2 weeks before the expected delivery date
quoted in the Company’s order acknowledgement and manufacture of them or
any components for them has not commenced at the date of that notice.
Orders for stock items may be cancelled email notice at any time before
the Goods or Services have been allocated to the Contract.
The Company shall not be liable for any act or omission arising which
shall render performance of the Contract impossible or shall in any way
have the effect of frustrating the common cause where such act or
omission is beyond the control of either the Company or the Customer or
was not reasonably foreseeable by them. Such acts or omissions shall
have the effect of automatically terminating the contract.
Law and Jurisdiction
These Terms and Conditions shall in all respects be construed and
interpreted in accordance with the Law of Contract in England and Wales
notwithstanding the effect of the law of the European Union. Where the
Company and the Customer have contracted to perform in England and Wales
or Scotland the competent Court of Jurisdiction shall be the High Court
of England and Wales. Where the Customer is resident in the European
Union or EFTA, the Company may at its absolute discretion nominate the
Court of the Customer’s member state to be the Court of competent
jurisdiction under the Brussels Convention. Where the Customer is
resident elsewhere the Company shall possess the absolute discretion as
to the competent court or jurisdiction.
Any notice given under this Contract shall be in writing and may be
served personally, by registered or recorded delivery mail, by telex or
facsimile transmission, by any other means which any party specifies by
notice to the other.
A notice shall be deemed to have be served:
- if it was served in person, at the time service,
- if it was served by post, the day after the day after posting,
- if it was served by facsimile transmission, at the time transmission.