Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
This page (together with the documents referred to on it) provides you with information about us and the general terms and conditions (the Terms) under which we sell products (the Products) to you through our website (our Site). These Terms apply to any contract entered into with you for the sale of Products (the Contract). Please read these Terms carefully and make sure that you understand them before ordering any Product from our Site.
By ordering any of our Products, you confirm that you are aged 18 or over and agree to be bound by these Terms and the other documents referred to herein. Please print a copy of these Terms for future reference.
Guitars Rebellion sells through its Site exclusively to end customers. Any order that clearly does not correspond to a retail transaction and, more generally, any fraudulent order or order suspected of being fraudulent shall be deemed null and void by Guitars Rebellion. Guitars Rebellion reserves the right to cancel any order without prior notice in the event of doubt.
We may amend these Terms at any time, as set out below. Each time you order Products from this Site, please review these Terms to ensure that you understand the terms and conditions applicable to your order.
1. THE COMPANY.
Guitars Rebellion - Head Office
5 bis rue René Goscinny, ground floor
75013 Paris, France
French single-member limited liability company with share capital of €50,000
SIREN number: 518 990 999
VAT number: FR1351899099
We operate the website www.guitarsrebellion.com
Consumer Mediator
RSDA
114 Rue la Boétie
75008 Paris, France
2. THE PRODUCTS.
2.1. The description of the Products on our Site is approximate, and images of the Products are provided for illustrative purposes only. Although we make every effort to be as accurate as possible in describing the Products displayed on our Site, including, without limitation, their size, weight, features and dimensions, and to reproduce colours faithfully, all descriptions remain approximate, and we cannot guarantee that the colours displayed on our Site accurately represent the actual colours of the Products.
2.2. The packaging of the Products may also differ from that shown in the illustrations on our Site.
2.3. All Products displayed on our Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is unavailable. If the Product you have ordered is no longer manufactured or is unavailable, we will not process your order.
2.4. The Products comply with French and European legislation.
3. ORDERS - TERMS GOVERNING THE CONTRACT BETWEEN YOU AND US.
3.1. Our ordering process allows you to check and correct any errors before submitting your order to us. Please take the time to review your order before sending it. If you submit an incorrect order, please contact us as soon as possible at info.grebellion [a] me.com or on +33(0)1 45 86 49 80 to correct the error. We will make every effort to correct any error in the order you submitted before it is processed. However, we cannot guarantee that this will always be possible, given our usually very short dispatch times, which may be only a few hours.
3.2. The online sales contract is entered into when you confirm your order by clicking the “SEND / CONFIRM ORDER” button (the “Order”). By placing an Order, you accept these Terms and agree that Guitars Rebellion is entitled to collect the full price of the Order.
3.3. After placing an Order, you will receive a confirmation email from us. A further email will inform you that the Order has been dispatched (the Dispatch Confirmation).
3.4. If we are unable to supply a Product to you, for example because it is not in stock, is no longer available or because of an error in the price displayed on our Site, we will inform you by email and take the necessary steps to offer you an alternative. We may cancel your Order at your request. If you have already paid for the Product, we will refund the full amount as soon as possible and, in all cases, within 14 days of the notification sent to you by email.
3.5. Guitars Rebellion reserves the right to suspend or cancel the processing of an Order and/or the delivery of Products, irrespective of their nature or stage of processing, in the event of: (i) non-payment of all or part of the sums due in respect of the relevant Order or any previous Order; or (ii) a payment incident, fraud or attempted fraud connected with the use of the Guitars Rebellion Site in connection with the relevant Order or any previous Order. You agree that Guitars Rebellion may use the personal data you provided in connection with the Order in order to carry out appropriate fraud-prevention checks. As part of the prevention of online fraud, information relating to your Order may be transmitted to any third party authorised by law or appointed by Guitars Rebellion solely for the purpose of verifying your identity and validating the Order, the payment method used and the delivery method. After carrying out the checks referred to above, Guitars Rebellion reserves the right to request a photocopy of your identity document. You have the right to access, amend and delete any personal data processed by Guitars Rebellion in accordance with the terms set out in the Privacy Policy.
3.6. SPECIAL ORDERS, MADE-TO-ORDER PRODUCTS, BESPOKE PRODUCTS AND PERSONALISED PRODUCTS.
3.6.1. Definition of the different categories of special orders.
For the purposes of these Terms, special orders include the following categories:
(a) Product manufactured exclusively to order.
Means a Product that forms part of a manufacturer’s usual catalogue but is not manufactured in advance, is not normally held in stock by Guitars Rebellion or by the manufacturer, and whose manufacture, assembly, procurement or importation is initiated only after the customer’s Order has been confirmed.
This category includes, in particular, certain high-end instruments, limited editions, Custom Shop models, handcrafted instruments and models that the manufacturer produces exclusively to order.
(b) Product configured according to the customer’s specifications.
Means a Product for which one or more characteristics are individually selected, combined or approved by the customer before manufacture, including colour, finish, wood species, dimensions, target weight, neck profile, scale length, frets, hardware, pickups, electronics, degree of ageing or relicing, inscriptions, accessories or any other specific characteristic.
A Product may be regarded as made according to the customer’s specifications even where the selections are made from options offered in the manufacturer’s catalogue or configurator, provided that manufacture of the specific item is initiated on the basis of the combination approved by the customer.
(c) Clearly personalised or bespoke Product.
Means any Product specifically adapted, modified, designed or manufactured for the customer and which, due to its particular characteristics, cannot reasonably be regarded as a standard Product capable of immediate resale under equivalent conditions.
3.6.2. Approval of specifications.
Before the Order is definitively transmitted to the manufacturer or supplier, the customer must carefully review all specifications appearing in the quotation, purchase order, summary, deposit invoice or written correspondence.
The customer’s written approval, including by email, constitutes final acceptance of the stated specifications. The customer is responsible for the accuracy, consistency and suitability for their needs of the characteristics they requested or approved.
In the event of any discrepancy between an indicative visual representation and the approved written specifications, the latter shall prevail.
Non-standardised or subjective descriptive terms, including those relating to colour, grain, texture, ageing, relicing, degree of wear or visual appearance, shall be interpreted and implemented in accordance with the methods, standards and technical judgement of the relevant manufacturer.
3.6.3. Final formation of the Order and deposit.
The special Order becomes firm and final upon the occurrence of the first of the following events:
- the customer’s written approval of the quotation, purchase order or specifications;
- payment of the requested deposit or price;
- transmission of the Order to the manufacturer or supplier with the customer’s agreement;
- or commencement of the manufacture, assembly, procurement or importation of the Product.
Any sum paid when confirming a special Order is expressly classified as a deposit constituting part payment of the price, and not as a cancellation payment or earnest money. This deposit constitutes partial payment of the total price and evidences the firm and final commitment of the parties.
Unless otherwise required by mandatory law or agreed in writing by Guitars Rebellion, the deposit is non-refundable in the event of cancellation, refusal, withdrawal, failure to pay the balance or abandonment of the Order attributable to the customer.
3.6.4. Binding nature of Orders for Products manufactured exclusively to order.
The customer acknowledges that a Product manufactured exclusively to order creates, upon confirmation, specific and generally irreversible commitments on the part of Guitars Rebellion, including commitments towards the manufacturer, supplier, carrier or customs authorities.
Unless otherwise required by mandatory law, any Order relating to a Product manufactured exclusively to order is firm and final.
Such an Order may not be cancelled, amended, refused or abandoned on any of the following grounds:
- the customer has changed their mind;
- the customer’s personal or financial circumstances have changed;
- the customer has acquired another instrument;
- the customer no longer has any use for the Product;
- the customer’s preferences have changed;
- or the Product no longer corresponds to the customer’s original plans.
The fact that a Product is a standard model appearing in the manufacturer’s catalogue does not prevent it from being classified as a Product manufactured exclusively to order where its manufacture, assembly, procurement or importation was specifically initiated following the customer’s Order.
For contracts entered into in-store or at Guitars Rebellion’s premises, the customer has no general right of withdrawal, subject to any mandatory statutory provisions that may apply.
For distance or off-premises contracts entered into with a consumer, this article does not deprive the consumer of the statutory right of withdrawal where that right applies and no statutory exception may be invoked.
Outside any such statutory right, Guitars Rebellion grants no additional commercial right of cancellation, return, repurchase, exchange or refund for Products manufactured exclusively to order.
3.6.5. No right of withdrawal for configured or personalised Products.
In accordance with Article L.221-28, 3° of the French Consumer Code, the right of withdrawal may not be exercised in respect of Products made to the consumer’s specifications or clearly personalised.
The right of withdrawal therefore does not apply where a Product is manufactured on the basis of characteristics, options or combinations selected or expressly approved by the customer, or where it is clearly personalised.
This exclusion applies, in particular, where the customer has selected or approved a particular combination of colour, finish, wood species, neck, hardware, electronics, pickups, relicing or any other characteristic, even where some of these options appear in the manufacturer’s catalogue or configurator.
The classification of the Product is determined by the actual nature of its configuration and manufacture, and not solely by its commercial designation, such as “Custom Order”, “Custom Shop”, “Made to Order”, “Build to Order” or any equivalent expression.
Such Products may not be subject to withdrawal, cancellation, repurchase, exchange or a refund request initiated by the customer, subject to any applicable mandatory statutory warranties.
3.6.6. Amendments requested after approval.
Any request for an amendment made after final approval of the Order is subject to the prior written approval of Guitars Rebellion and of the manufacturer or supplier.
Guitars Rebellion does not guarantee that an amendment can be accepted once the Order has been transmitted or manufacture has commenced.
Any accepted amendment may result in:
- a change in price;
- additional administrative, technical or manufacturing charges;
- the loss of all or part of the sums already committed;
- a new manufacturing or delivery lead time;
- or the need to restart all or part of the manufacturing process.
These consequences shall be borne by the customer following written acceptance of the corresponding supplementary quotation.
The refusal of an amendment by Guitars Rebellion, the manufacturer or the supplier does not entitle the customer to cancel the Order as originally approved.
3.6.7. Handcrafted manufacture and permissible variations.
The customer acknowledges that many Products offered by Guitars Rebellion are manufactured, assembled, painted, finished, aged, reliced or set up by hand, and that natural materials have their own inherent and variable characteristics.
The following are inherent in this type of manufacture, provided that they do not affect the Product’s normally expected use:
- variations in colour, shade, transparency, gloss or texture;
- differences in wood grain, pattern, figuring, density or appearance;
- reasonable variations in weight, thickness, dimensions or profile;
- differences in the positioning, shape, intensity or distribution of wear marks;
- intentional irregularities inherent in aged or reliced finishes;
- variations in checking, oxidation, patina, discolouration, abrasion, scratches or impact marks;
- differences between photographs, samples, screens, digital renderings and the finished Product;
- and minor technical or aesthetic changes decided by the manufacturer, provided that they do not substantially alter the essential specifications agreed upon.
Photographs, samples, simulations, digital renderings and examples of other instruments are provided for indicative purposes only. They do not constitute a guarantee of strictly identical reproduction.
Natural materials, paints, lacquers and finishes may also change over time due to light, temperature, humidity, use and natural ageing.
3.6.8. Relicing and aged finishes.
Relicing and other aesthetic ageing techniques are carried out by hand to create an intentionally worn, marked or aged appearance.
Unless otherwise expressly agreed in writing by the manufacturer, the customer may not require:
- an exact reproduction of another instrument;
- an exact number of scratches, impacts, finish checks or areas of wear;
- the exact position of each such mark;
- or perfect identity between a sample, photograph, subjective description and the finished Product.
The visual intensity of the relicing may vary depending on the colour, number and nature of the paint or lacquer coats, the underlying colour, the wood species, the hardware and the technique used.
A “colour-over-colour” finish may, in particular, make certain abrasions, transitions, scratches or wear marks appear less contrasted than on a single-layer finish.
These characteristics do not, in themselves, constitute a lack of conformity where the approved level or type of finish has been applied in accordance with the manufacturer’s methods and standards.
3.6.9. Manufacturing and delivery lead times.
Manufacturing and delivery lead times communicated for a special Order are estimates based on the information available at the time the Order is placed.
They may change due, in particular, to the manufacturer’s production constraints, the availability of materials or components, quality-control procedures, amendment requests, transportation, customs formalities or events beyond the reasonable control of Guitars Rebellion.
Guitars Rebellion will inform the customer of any significant delay brought to its attention.
Subject to the mandatory rights granted to consumers by law, exceeding an estimated lead time does not, in itself, entitle the customer to demand a discount, compensation or immediate cancellation of the Order.
Mandatory statutory provisions relating to delivery remain fully applicable.
3.6.10. Price and payment of the balance.
The price of the special Order is the price stated in the accepted quotation or purchase order, subject to any subsequent amendments requested and accepted by the customer.
The balance becomes payable when Guitars Rebellion informs the customer that the Product has been completed, is available, has been received at its premises or is ready to be dispatched, in accordance with the terms stated on the purchase order or invoice.
Unless otherwise agreed in writing, the Product will not be handed over or dispatched until all amounts due have been received in full.
Guitars Rebellion may retain the Product until full payment of the price and of any costs due in connection with the Order.
3.6.11. Refusal of delivery or refusal to take possession of the Product.
Subject to a lack of conformity, a defect covered by a statutory warranty or the valid exercise of a statutory right of withdrawal, the customer may not refuse delivery or handover of a Product manufactured exclusively to order solely because they no longer wish to purchase it.
Refusal to accept delivery, unjustified absence at the time of delivery, failure to collect the Product, refusal to take possession of the Product or failure to pay the balance does not constitute the proper exercise of a right of withdrawal.
Where the right of withdrawal applies, it must be exercised by means of an unambiguous statement and in accordance with the statutory conditions and time limits. Merely refusing the parcel or failing to collect it does not relieve the customer of the obligation to formally notify their decision.
Where there is no lawful basis for the refusal, it constitutes a breach of contract.
3.6.12. Cancellation, refusal to pay or abandonment attributable to the customer.
In the event of cancellation, refusal to pay the balance, refusal to take delivery or abandonment of the Order attributable to the customer and, where required, after formal notice has remained without effect, Guitars Rebellion may exercise the remedies provided by law, including:
- suspending handover or dispatch of the Product;
- retaining the Product until all sums due have been paid in full;
- retaining sums already paid and applying them against the sums due and the loss actually suffered;
- requiring performance of the sale and payment of the balance;
- terminating or seeking termination of the Contract in accordance with applicable law;
- charging additional transportation, return, storage and redelivery costs;
- reselling the Product in order to mitigate its loss;
- and, where applicable, claiming compensation for any remaining proven loss, including manufacturing, transportation, importation, storage and resale costs and any difference between the contractual price and the resale price.
Any resale of the Product does not constitute an automatic waiver by Guitars Rebellion of its rights.
Any sum claimed from the customer shall take into account the sums already paid and the net proceeds actually obtained from any resale, in order to prevent double recovery.
3.6.13. Orders of exceptional value or volume.
Guitars Rebellion reserves the right to make any Order involving an unusual value, volume, quantity or financial risk subject to specific prior conditions, including:
- manual approval of the Order;
- signature of a specific quotation or purchase order;
- verification of the customer’s identity and ability to pay;
- payment of an increased deposit or of the full price;
- payment by bank transfer;
- a payment schedule;
- the provision of additional guarantees;
- or a limit on the number of Products that may be ordered simultaneously.
Such an Order shall be regarded as accepted by Guitars Rebellion only after its express written confirmation.
Before final acceptance and commencement of production, Guitars Rebellion may refuse or cancel any Order that is abnormal, fraudulent, speculative or clearly disproportionate to the usual needs of a consumer.
3.6.14. Lack of conformity and statutory warranties.
Nothing in this article excludes or limits the mandatory rights available to the customer under the statutory guarantee of conformity or the warranty against hidden defects.
Where the customer alleges a lack of conformity, they must allow Guitars Rebellion to inspect the Product and provide the information reasonably necessary to identify the issue.
A subjective aesthetic preference, a variation expressly disclosed or inherent in handcrafted manufacture, or a characteristic that complies with the approved specifications does not, in itself, constitute a lack of conformity.
Conformity shall continue to be assessed by reference to the contractually agreed specifications, the normally expected use of the Product and the applicable statutory provisions.
3.6.15. Contractual documents and evidence.
The quotation, purchase order, invoice, specification sheet, email correspondence, written approvals, drawings, photographs and documents transmitted to the manufacturer may be used to establish the content of the special Order and the characteristics agreed upon.
The customer is advised to retain a copy of all such documents.
3.6.16. Precedence of mandatory provisions.
This article applies subject to any mandatory statutory provision that is more favourable to the consumer, including provisions applicable in the consumer’s country of residence where such provisions cannot be contractually excluded.
4. DELIVERY.
4.1. Guitars Rebellion delivers worldwide, with the exception of politically unstable territories, territories in a state of war, or any destination to which carriers are unable to deliver for any reason.
4.2. Shipping and handling costs are automatically calculated and included in the total price of your Order. As a general rule, we dispatch all items using a reliable carrier. Depending on the country of delivery, please allow between 20 hours and 7 calendar days for delivery after receipt of the Dispatch Confirmation. For Orders delivered outside the European Union, please note that Guitars Rebellion shall not be held responsible for any extension of the delivery time due to customs inspections, which may vary according to the destination and the laws of the country in which the Product is delivered.
4.3. Please refer to the delivery confirmation email sent by our carrier for detailed information and the parcel tracking number.
4.4. You are advised to check the visible condition of the parcel and the Product at the time of delivery. In the event of an issue, including a missing or damaged Product, you must follow the procedure below applicable to refusal of delivery.
If the parcel is damaged upon delivery, you may inform the carrier of the issue and refuse delivery. The carrier will then retain the parcel. Guitars Rebellion’s customer service department will contact you as soon as possible to review the refusal. If the transportation-related issue is confirmed by Guitars Rebellion’s customer service department, the Order will be cancelled and you will receive a refund.
5. PRODUCT PRICES AND DELIVERY CHARGES.
5.1. The prices of the Products are those displayed on our Site at the relevant time. Please refer to Article 5.5 for information concerning pricing errors on our Site.
5.2. The prices of our Products may change at any time. Any change in the price of Products on our Site will not affect an Order for one or more Products that we have confirmed by means of a Dispatch Confirmation.
5.3. Products may be subject to local customs duties and to the value-added tax applicable in your country of residence. Taxes are automatically calculated and included in the total price of your Order if you live in the European Union.
5.4. Orders placed outside the European Union are processed excluding taxes. Guitars Rebellion’s carrier will complete the necessary formalities on your behalf for the payment of customs duties, where applicable, and VAT, where applicable.
5.5. Our Site contains a large number of Products. Despite our reasonable efforts, some Products displayed on our Site may be incorrectly priced. If a pricing error is obvious and unmistakable and could reasonably have been recognised by you as an error, we are not required to supply the Products at the incorrect lower price. In such circumstances, we will contact you to inform you of the error and give you the option of purchasing the Product at the correct price or cancelling your Order. We will not process your Order until we have received your instructions. If we are unable to contact you using the contact details you provided during the ordering process, we will treat the Order as cancelled and notify you in writing.
6. PAYMENT.
6.1. Prices on our Site are stated in EUROS.
6.2. You may pay for Products only by debit card, credit card or bank transfer. For payment by bank transfer, please contact us by email and you will receive an email containing all the necessary transfer details. You agree to pay the full price of any purchase made, whether at the time of your online Order or by any other payment method that we consider acceptable. Payment for Products must be made in advance.
6.3. Certain Products purchased through our Site may be subject to additional Terms presented to you at the time of purchase.
6.4. Payment in [2, 3, 4, 10 or 12 instalments, or deferred payment, with and/or without charges] by bank card through our partner Alma.
Alma reserves the right to accept or reject your financing application. You have the statutory right of withdrawal. For further information, click here.
Please note that, if you request payment for your order of goods and/or services using any of these payment solutions, your personal data will be transmitted to Alma for the purposes of assessing your financing application, administering your credit agreement and, where applicable, recovering sums due.
Please note that no Order cancellation or refund request will be accepted if you choose to use this payment method, including payment in 2, 3, 4, 10 or 12 instalments or Pay Later.
7. RETURNS. Products that, before being handed over or dispatched, have been subject to a modification, adaptation, technical preparation, installation or setup requested or approved by the customer are governed by Article 3.6 of these Terms. Given the nature of musical instruments, these procedures are individually tailored according to the instrument, the customer’s instructions, their playing style, tuning, selected string gauge or intended use. Where such a procedure has the effect of making, configuring, modifying or adapting the Product according to the customer’s specifications, in particular where it alters the Product’s original condition, technical parameters or commercial configuration, involves the adjustment or replacement of a part, requires a further procedure in order to restore the previous condition, or results in depreciation, the Product is excluded from the right of withdrawal in accordance with Article L.221-28, 3° of the French Consumer Code. The customer may therefore not request the return, exchange or refund of a Product on the grounds that the modification, technical preparation or setup they requested or approved is ultimately no longer required or no longer corresponds to their preferences, subject to any lack of conformity or incorrect performance of the procedure compared with the approved written instructions.
7.1. We want you to be entirely satisfied with your Order. Subject to certain exceptions described below, if you are dissatisfied for any reason, we will accept the return of the Product within 14 days of receipt, at your expense. To return an item to us, please follow our return procedure described below.
7.2. All Products must be returned to us unused and in new condition, together with all original packaging used for transportation and for the Product, protective materials and labels in their appropriate positions.
7.3. We will refuse any return if the Product shows evidence of handling beyond what was necessary to establish the nature, characteristics and functioning of the Product, if it has been used or modified in any way from its original condition, or if the time limit specified above and in paragraph 7.1 has expired.
7.4. Personalised, bespoke, non-stock and specially ordered Products requested by the customer are regarded as final sales and may not be returned for exchange or refund.
Products subject to a sale price, specific discount or any other exceptional price reduction may not be returned and are regarded as final sales.
Amounts deducted following your return:
- €19 for shipments weighing up to 1 kg within the EU (€25 for Greece, Cyprus and Eastern European countries).
- €35 for shipments weighing between 1 and 5 kg within the EU (€55 for Greece, Cyprus and Eastern European countries).
- €75 for shipments weighing between 5 and 20 kg within the EU (€95 for Greece, Cyprus and Eastern European countries).
7.5. To return one or more Products, you must obtain an RMA number. Returns without an RMA number will not be accepted.
7.6. The return must be made from the country to which the Product was delivered.
7.7. To return a Product to us, please follow the return procedure below:
- You must contact Guitars Rebellion by calling +33(0)1 45 86 49 80 or by emailing info.grebellion [a] me.com within 14 days of receiving the Product. You may also visit the following link to submit your request: https://account.guitarsrebellion.com
- Our team will then ask you a number of questions in order to carry out an initial assessment of the situation, taking into account the return conditions described in this Article 7.
- Provided that this initial assessment confirms that the return conditions appear to have been met, our team will ask you to contact the carrier of your choice, excluding La Poste, to arrange the return at your expense.
- You hand the Product over to your carrier, who delivers it to us.
- You receive an email confirming receipt of the returned Product by Guitars Rebellion.
- Guitars Rebellion inspects the condition of the Product and, provided that the conditions set out in paragraph 7.3 have been met, refunds the full price less the shipping costs referred to in paragraph 7.4.
7.8. We will refund the price paid for the Product using our preferred payment method, unless another method has been expressly agreed. Guitars Rebellion does not cover the cost of returning the Product. We will issue the refund once we have received the returned Product.
7.9. Please note that Products dispatched outside the European Union are not covered by this return policy. Due to customs barriers and the application of French VAT when importing from a foreign territory, we cannot accept Product returns except for one of the following reasons: damage or a defective Product.
7.10. Please note that no Order cancellation or refund request will be accepted if you choose to use a payment method offered by our partner Alma, including payment in 2, 3 or 4 instalments or Pay Later.
8. OUR LIABILITY TO YOU AS A CONSUMER.
8.1. You benefit from the statutory guarantee of conformity and the warranty against hidden defects applicable to the Product under French law. As a consumer, you also benefit from the mandatory provisions of the law of the country in which you reside within Europe. Nothing in these Terms, including the choice-of-law provision below, affects your right as a consumer to rely on those mandatory provisions of local law.
8.2. In addition to these statutory warranties, please note that the Product you purchased may also be covered by a commercial warranty, namely the local Guitars Rebellion Warranty, the terms of which are set out in the warranty document and/or on the page accessible through the link included in the Product’s original packaging. After-sales services for Products are also available and may be provided by Guitars Rebellion and the brands with which we work. After-sales services provided for a Product that are not covered by the Guitars Rebellion Warranty or by the manufacturer’s warranty will be subject to a quotation and will be carried out only after the consumer has approved that quotation.
8.3. If Guitars Rebellion fails to comply with these Terms, we shall be liable to you for any loss or damage that you suffer and that is a foreseeable result of our breach of these Terms.
8.4. We supply the Products solely for domestic and private use. You agree not to use the Product for commercial, business or resale purposes. Furthermore, we shall not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
9. EVENTS BEYOND OUR CONTROL.
9.1. We shall not be liable for any failure or delay in performing any of our obligations under a Contract where such failure or delay is caused by an act or event beyond our reasonable control (an “Event Beyond Our Control”).
9.2. If an Event Beyond Our Control occurs and affects the performance of our obligations under a Contract:
(a) we will contact you as soon as possible to inform you.
(b) our obligations under the Contract will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Beyond Our Control. Where the Event Beyond Our Control affects delivery of the Products, we will agree a new delivery date with you after the Event Beyond Our Control has ended.
10. HOW TO CONTACT AND COMMUNICATE WITH US.
10.1. In these Terms, the words “in writing” include email.
10.2. You may contact us for any reason using the following methods:
(a) by email at info.grebellion [a] me.com
(b) by telephone on +33(0)1 45 86 49 80, from Tuesday to Saturday, 10:00 a.m. to 7:00 p.m. Central European Time.
10.3. If we need to contact you or notify you in writing, we will do so by email or by prepaid post to the address you provided in your Order.
11. OUR RIGHT TO AMEND THESE TERMS.
11.1. We may revise these Terms at any time. You must read these Terms carefully before purchasing any Product through our Site.
11.2. Each time you order Products from us, the Terms in force at the time of the Order shall apply to the Contract entered into between you and us.
11.3. If we revise these Terms after you have already placed an Order with Guitars Rebellion, the revised Terms will not apply to the Order you placed.
12. HOW WE USE YOUR PERSONAL INFORMATION.
We use the personal information you provide to us for the purposes set out in, and in accordance with, our Privacy Policy and these Terms. Please take the time to read it, as it contains important provisions that apply to you.
13. OTHER IMPORTANT TERMS.
13.1. We may transfer our rights and obligations under a Contract to another company, but this will not affect your rights or our obligations under these Terms.
13.2. You may transfer your rights or obligations under these Terms to another person only if we agree in writing.
13.3. This Contract is between you and us. Except as expressly provided in this paragraph 13.3, no person who is not a party to this Contract shall have any right to enforce any of its provisions. The rights of the parties to terminate, cancel or agree to any amendment, waiver or settlement under this Contract shall not be subject to the consent of any other person.
13.4. Each paragraph of these Terms operates separately. If any court or competent authority decides that any provision is unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
13.5. If we fail to require you to perform any of your obligations under these Terms, fail to enforce our rights against you, or delay in doing so, this does not mean that we have waived our rights against you or that you are not required to comply with those obligations. If we waive a default by you, we will do so only in writing, and any written waiver shall not mean that we automatically waive any subsequent default by you.
13.6. To the extent permitted by applicable law and subject to any mandatory provisions of the law of your place of residence and to the provisions of the “ADDITIONAL COUNTRY-SPECIFIC TERMS” set out below, these Terms are governed by French law. Accordingly, any contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with that contract, including non-contractual disputes or claims, shall be governed by French law, and you agree that the courts of Paris, France, shall have exclusive jurisdiction.
Nothing in these Terms, including the choice-of-law and jurisdiction provision above, affects your rights as a consumer to rely on the mandatory provisions of the law of your place of residence.
14. ADDITIONAL COUNTRY-SPECIFIC TERMS.
France. Your rights as a consumer.
Notwithstanding any provision to the contrary in these Terms, you benefit from: (i) the French statutory guarantee of conformity of goods described in Articles L.217-4 et seq. of the French Consumer Code; and (ii) the warranty against hidden defects under the conditions set out in Articles 1641 et seq. of the French Civil Code.
When making a claim under the statutory guarantee of conformity, you:
- have a period of two years from delivery of the item in which to bring a claim;
- may choose between repair and replacement of the item, subject to certain cost-related conditions set out in Article L.217-9 of the French Consumer Code;
- are not required to provide evidence of the existence of the lack of conformity during the first twenty-four months following delivery of the item.
You may choose to invoke the statutory warranty against hidden defects provided for in Article 1641 of the French Civil Code and, in that context, may choose between cancellation of the sale and a reduction in the price, in accordance with Article 1644 of the French Civil Code.
If you return a Product to us, we will refund the price paid for the Product using the payment method you originally used, unless another method has been expressly agreed. We will issue the refund when we receive the Product or when you provide evidence that you have returned the items, whichever occurs first. Please note that you may bring proceedings before the courts of the place where you are domiciled.