HUMBUCKERS - BEARTRONS - P90 - TELE-SINGLE - STRAT-SINGLE - FIREBIRD - MINI ETC - PARTS
These terms and conditions apply to any order which you place through www.sunbearpickups.com or via email or other electronic communication with SUNBEAR PICKUPS. Please read through these terms and conditions carefully. By placing an order you confirm that you have read, understood and agree to these terms and conditions in their entirety and you agree to be bound by them.
In these terms and conditions:
• ‘We’, ‘us’ or ‘our’ means Stuart Robson (a sole trader) trading as SUNBEAR PICKUPS; and
• ‘You’ or ‘your’ means the person using our site to buy goods from us.
1 INTRODUCTION
1.1 If you buy goods from us you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 We may from time to time change these terms and conditions without notice and recommend that you revisit this page regularly to keep informed of the current terms and conditions that apply to the purchase of goods from our website.
2 YOUR PRIVACY AND PERSONAL INFORMATION
2.1 Our Privacy Policy is available at https://www.sunbearpickups.com/privacy-policy-gdpr.
3 ORDERING GOODS FROM US
3.1 You may place an order either:
3.2.1 on the site by selecting the goods which you wish to purchase and completing the online checkout process; or
3.2.2 for bespoke goods by sending an email or other electronic communication for example via social media with your specifications and requirements to us and completing a paypal invoice process.
Please read and check your order carefully before checking out and paying for your order.
3.2 Once you have placed your order we will acknowledge it by email. At this point a legally binding contract will be in place between you and us unless we attempt to contact you within 48 hours to say that we do not accept your order. We will usually give one of the following reasons for not accepting your order:
(a) the goods are unavailable or there will be a delay in delivering your goods;
(b) we cannot authorise your payment.
(c) there has been a mistake in the details which you inserted during the online checkout process;
(d) there has been a mistake on the pricing or description of the goods; or
(e) there has been a mistake on the postage and packaging cost for delivery of your goods.
3.3 If you are under the age of 18 you may not buy any goods from the site.
4 CANCELLATION
4.1 Unless you have purchased bespoke goods, you have the right to cancel this contract within 14 days without giving any reason.
4.2 The cancellation period for non-bespoke goods will expire after 14 days from the day on which you place your order.
4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by email.
4.4 If you have purchased bespoke goods you do not have a right to cancel this contract. Please refer to clause 5.
4.5 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4.7 If you have received goods:
4.7.1 you shall send back the goods in their original and undamaged packaging using a tracked and signed for postal method without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us; and
4.7.2 you will have to bear the direct cost of returning the goods.
4.8 We will make the reimbursement without undue delay, and not later than:
4.8.1 14 days after the day we received back from you any goods supplied; or
4.8.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
4.8.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
4.9 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5 BESPOKE GOODS
5.1 Bespoke goods are manufactured by us in accordance with the requirements and specifications provided by you. It is your responsibility to confirm your choices of colour, range, specification and requirements for a product before you place your order and we shall not be responsible for any costs incurred as a result of any errors in the requirements and specifications which you have provided.
5.2 Subject to clause 5.3 below, we will not accept the cancellation of an order for bespoke goods.
5.3 If you notify us that you would like to cancel an order for bespoke goods before we have commenced the production of the goods or incurred any costs in relation to the order (for example by ordering specific parts or components which you have requested), then we may at our absolute discretion accept cancellation of the order.
5.4 Nothing in this clause 5 shall restrict your statutory rights.
6 DELIVERY
6.1 We use postal services or courier services to deliver our goods. If you would like to see your delivery options, please visit our Postage and Shipping page before you place your order.
6.2 The estimated timescales for delivery of the goods is set out in our Posting and Shipping page. If something happens which affects the estimated timescales for delivery then we will let you have a revised timescale for delivery as soon as possible.
6.3 Delivery of the goods will take place when an attempt is made to deliver them to the address that you gave to us.
6.4 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days we will let you know, cancel your order and give you a refund.
6.5 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
6.6 We may deliver your goods in instalments. We will let you know if your goods may be delivered in this way.
7 PAYMENT
7.1 We accept payment by PayPal, gift cards or voucher codes issued by SUNBEAR PICKUPS.
7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.3 Your credit card or debit card will be charged when you place your order.
7.4 If your payment is not received by us and you have already received the goods, you:
7.4.1 must pay for such goods within 5 days; or
7.4.2 must return them to us within 10 days. If so, you must keep the goods in your possession, take reasonable care of them and do not use them before you return them to us.
7.5 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
7.6 Nothing in this clause affects your legal rights to cancel the contract if the goods are not bespoke during the ‘cooling off’ period under clauses 5.
7.7 The price of the goods is in pounds sterling and does not include the cost of delivering the goods.
8 NATURE AND QUALITY OF THE GOODS
8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’) and we must provide you with goods that comply with your legal rights.
8.2 The packaging of the goods may be different from that shown on the site.
8.3 While we try to make sure that:
8.3.1 any size, measurements or output ranges set out on the site are as accurate as possible, some variance can be expected as these are handmade products.
8.3.2 the colours of our goods are displayed as accurately as possible on the site, the actual colours that you see on your computer or device may vary depending on the monitor or device that you use.
8.4 Any descriptions, images or advertising on the site are produced for the sole purpose of giving an approximate idea of the goods. They shall not form part of the contract.
8.5 Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
8.6 If we cannot supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case we will let you know if we intend to do this and you can refuse to accept such substitutes in which case we will offer you a refund.
8.7 We warrant that for a period of 12 months from the date of delivery, the goods shall conform in all material respects with their description, be free from material defects in design and material and workmanship, be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be fit for the purpose held out by us.
8.8 Subject to clause 8.9, if during the warranty period the goods do not comply with the warranty set out at clause 8.7 above, then please contact us as soon as possible using the contact details on our contact page .
8.9 We will not be liable for the goods’ failure to comply with the warranty at clause 8.7 above if the defect has arisen out of:
8.9.1 your installation or failure to reasonably maintain the goods;
8.9.2 specifications or requirements supplied by you if the goods are bespoke goods;
8.9.3 you have altered or repaired the goods without our written consent;
8.9.4 fair wear and tear, damage which you have caused wilfully, your negligence or any abnormal storage conditions.
8.10 We will need to inspect the goods which are returned to us during the warranty period and will ask you to return them to us at your cost. Once you have notified us that the goods are defective, you must not make any further use of the goods before returning the goods to us for inspection.
8.11 If we agree that the goods do not comply with the warranty, then we may either repair or replace the defective goods, or refund the price of the defective goods in full. We will also refund your reasonable costs of return postage. These terms and conditions will apply to any repaired or replacement goods supplied to you.
8.12 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.
9 END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
10 LIMIT OF OUR RESPONSIBILITY TO YOU
10.1 Except for any legal responsibility that we cannot exclude in law or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for losses that were not foreseeable to you and us when the contract was formed, were not caused by any breach on our part, or any business losses and losses to non-consumers.
10.2 We shall not be responsible for installing the goods. For the avoidance of any doubt, the responsibility for the correct installation of the goods lies with you and we shall not accept any liability for incorrect installation of the goods, or for any costs, losses, injury or damage sustained or incurred by you or to your property directly or indirectly in relation to your installation of the goods.
10.3 We do not give any guarantee, representation or warranty that the goods are compatible with a particular guitar or other accessories which you intend to install the goods into.
10.4 Under no circumstances will our aggregate liability to you for any and all claims arising under this Contract exceed £500.
11 DISPUTES
11.1 We will try to resolve any disputes with you quickly and efficiently.
11.2 If you are unhappy with the goods, our service to you, or any other matter please contact us as soon as possible using the details on our contact page .
12 MISCELLANEOUS
12.1 No one other than a party to this contract has any right to enforce any term of this contract.
12.2 Unless otherwise confirmed in writing by us, this contract supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us.
12.3 You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty that is not set out in this contract.
12.4 The laws of England and Wales will apply to this contract.