These Terms and Conditions (“Terms”) govern your use of the websites, mobile apps, and related services (“Services”) provided by 3rd Avenue Guitars Ltd. (“Company”).
Please read these Terms carefully before using our Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all terms and conditions, do not use the Services.
In these Terms, “us”, “we”, and “our” refer to the Company.
Accounts and Membership
You must be at least 18 years old to use our Services. If you are under 18 and wish to use the Services, you must have parental consent.
To access certain features, you may be required to register for an account. When you register, you agree to provide accurate and complete information about yourself. You are solely responsible for activity that occurs in your account.
We reserve the right to suspend or terminate accounts that provide inaccurate or incomplete information, or that are used inappropriately.
Ordering Products
Our online checkout process allows you to purchase physical products we offer for sale. All orders are subject to product availability.
When you place an order, you agree to pay all charges including the purchase price, any applicable sales or similar taxes, and shipping costs. We reserve the right to discontinue or limit quantities of any products.
Once we receive and verify your order, we will confirm it and process payment. Applicable sales tax will be added automatically based on your shipping address and the tax rates in effect at the time. Shipping costs will be clearly displayed during checkout based on your address, items and shipping method selected.
You agree to pay for your orders using accepted payment methods. We may also verify information like billing address as needed to process payments.
Shipping and Delivery
We will make reasonable efforts to fulfill orders according to our standard shipping timelines. We will ship items to the address specified in your order. Please ensure the address is complete and accurate to avoid delays.
Title and risk of loss for physical items passes to you when delivered. Shipping and delivery dates are estimates only – we cannot guarantee firm delivery dates. We are not liable for delayed shipments.
If an item is damaged or lost during shipping, contact us immediately with details of the shipment and damage. We will determine appropriate resolution such as refund or replacement.
Refunds and Cancellations
Please choose items carefully. We do not normally offer refunds for simply changing your mind or ordering the wrong item. However, we will consider reasonable requests for refund or order cancellation if they are made within 14 days of delivery.
To request a refund or cancel an order, contact our customer service team. If you have received the order, you must return the item(s) to us in original condition before a refund can be issued. You are responsible for paying shipping costs for returns.
Refunds typically take 3-5 business days to process once the returned items are received. Refunds may be issued to the original payment method used for the order.
We reserve the right to decline refunds that do not meet these requirements. Custom or personalized items may not be returned or refunded.
Content Ownership and Licenses
The content on our Services includes visual interfaces, images, designs, graphics, text, information, logos, button icons, downloads, compilations and other content (collectively, “Content”).
The Content is owned or licensed by the Company and is protected by copyright, trademark and other intellectual property laws. Using our Services does not transfer any intellectual property to you.
We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Services and Content for your personal, non-commercial use. You may not modify, publish, transmit, create derivative works from, participate in the transfer or sale of, or reproduce Content without our prior written consent.
The trademarks appearing on our Services are owned by the Company or licensed third parties. Any third party name or logo does not imply endorsement or sponsorship of our Services.
User Content
You are responsible for any material (“User Content”) that you contribute or upload to the Services. You represent and warrant you have all rights needed to legally upload or transmit User Content.
We may allow you to submit reviews, comments, photos, videos, and other User Content. You retain any copyright in your User Content, and grant us a royalty-free, perpetual, irrevocable license to use, display, reproduce, modify, adapt, publish, translate, distribute and incorporate such User Content into our Services.
We reserve the right to refuse or remove User Content from our Services for any reason, such as User Content that violates these Terms or our policies.
Acceptable Use Policy
You agree not to misuse our Services or assist others in doing so. For example, you will not:
- Use our Services for any illegal, obscene, vulgar or offensive purposes
- Use automated scripts or other disruption technology to access our Services
- Introduce viruses, worms or other malicious code into our Services
- Attempt to gain unauthorized access to servers, services or data
- Use scraping or data harvesting techniques on our Services
- Use our Services for commercial purposes like advertising or solicitation
Violating these rules may result in account suspension or termination. We reserve all rights to prohibit use of our Services as we deem appropriate.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect and use personal information. The Privacy Policy [link to privacy policy page] is considered part of these Terms.
Third Party Links and Services
The Services may contain links to third party websites and services. Such links are provided for your convenience only. We do not control or endorse third party sites.
Your interactions with any third party site are solely between you and them. Company shall not be responsible for any content, warranties or privacy practices on third party sites.
Disclaimer of Warranties
Our Services and Content are provided on an “as is” and “as available” basis. We make no warranties of any kind, whether express, implied, statutory or otherwise. This includes warranties of merchantability, fitness for a particular purpose and non-infringement.
No advice or information given by the Company shall create any warranty. Use of our Services is at your sole discretion and risk.
We do not warrant that our Services will always be available, accessible, uninterrupted or error-free. Device requirements and compatibility issues may affect use of our Services.
Limitation of Liability
To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, punitive or other damages arising out of your use of our Services or inability to access or use our Services. This applies even if the damages were foreseeable or we were advised they were possible.
These limitations apply to anything related to these Terms, Services, Content, or your interactions with the Company. They apply even if your remedies fail of their essential purpose.
Indemnification
You agree to indemnify and hold harmless the Company and affiliates, directors, officers and employees from any claim, liability, loss, damage, cost or expense arising out of your use of our Services or violation of these Terms. This includes failing to provide accurate account information, infringement of intellectual property, violation of applicable laws, rules or regulations, etc. You agree to cooperate in the defense and settlement of any claims.
Changes to these Terms
We reserve the right to modify these Terms from time to time. Updated versions will be posted on the website with an updated “effective date”. If changes are material, we may notify you through the Services or by email.
Your continued use of our Services constitutes acceptance of the amended Terms. If you do not wish to agree to revised Terms, you must stop using our Services.
Governing Law
These Terms shall be governed by the laws of the United Kingdom. You agree that any dispute arising from your use of our Services shall be resolved exclusively in the courts located in London, United Kingdom.
Termination
We reserve the right to suspend or terminate your access to our Services at any time, with or without notice. Reasons may include failure to comply with Terms, extended periods of account inactivity, violations of law, discontinuation of Services, etc.
Accounts terminated due to Terms violations may not be reactivated. Upon termination, your license to use our Services ends immediately. Any suspension or termination shall not affect your obligations to us under these Terms.
Additional Disclosures for EU Customers
Contracting Party
The entity you are contracting with is:
3rd Avenue Guitars Ltd.
123 Music Lane
London, UK W1B 2CD
Summary of Rights under Consumer Contracts Regulations
- You may cancel your order or service within 14 days without providing reasons and receive a full refund of sums paid.
- The 14 day cancellation period expires 14 days after order fulfillment or conclusion of service contract.
- To exercise cancellation rights, inform us unambiguously of your decision to cancel. You may use the cancellation form template, but it is not obligatory.
- If you requested services begin within 14 days, you must pay us an amount in proportion to what was provided until you canceled.
- We will refund all payments within 14 days of receiving the returned goods or your documented proof of return shipment.
- You lose cancellation rights if services are fully performed within 14 days with your prior express consent and acknowledgment you will lose the right to cancel upon full performance by us.
These abbreviated clarifications do not limit the full rights described in Clause 47 of the Consumer Contracts Regulations 2013.
Contacting Us
If you have any questions about these Terms, please contact us at:
Email: terms@3rdavenueguitar.co.uk
Phone: 0333-456-7890
Postal Address:
3rd Avenue Guitars Ltd.
Attn: Terms Inquiry
123 Music Lane
London, UK W1B 2CD
Last Updated: January 1, 2023
