Terms and Conditions
Last updated: March 18, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For these Terms and Conditions:
- Affiliate means an entity that controls is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
- Country refers to Queensland, Australia.
- Company (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Andy’s Vintage Guitars, Tewantin, QLD 4565.
- Device means any device that can access the Service, such as a computer, a cellphone or a digital tablet.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Service refers to the Website Terms and Conditions (also referred to as “Terms”), which form the entire agreement between you and the company regarding using the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
- The web website for Andy’s Vintage Guitars is accessible at https://www.andysvintageguitars.com/.
- You mean the individual accessing or using the Service, the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing this Service’s use and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions, which apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access the Service.
You represent that you are over 18 years old. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures regarding collecting, using, and disclosing your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You can legally enter into binding contracts.
Your InformatioSupposeIf you wish to place an Order for Goods available on the Servi. In that case,e, you may be asked to supply certain information relevant to Your Order, including, without limitation, your name, email, phone number, credit card number, the expiration date of your credit card, billing address, and shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or another payment method (s) in connection with any Order and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide it to third-party payment processing to facilitate the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for specific reasons, including but not limited to the following:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
These Terms and Conditions and Our Returns Policy can only return any Goods you purchase.
Our Returns Policy is part of these Terms and Conditions. Please read it to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to goods returned in the same condition as you received them. You should also include all product instructions, documents, and wrappings. Goods that are damaged or not in the same condition as you received worn simply beyond opening the original packaging will not be refunded. You should, therefore, take reasonable care of the purchased Goods while they are in your possession.
We will reimburse you no later than 14 days after we receive the returned Goods. We will use the same means of payment you used for the Order, and you will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of goods is made to your specifications or personalized.
- The supply of goods that, according to their nature, are not suitable deteriorates rapidly or when the expiration date is over.
- The supply of Goods is unsuitable for return due to health protection or hygiene reasons, and the goods were unsealed after delivery.
- According to their nature, the supply of Goods is inseparably mixed with other items after delivery.
- Digital content is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods on Our Service may be mispriced, described inaccurately, or unavailable. We may experience delays updating information regarding our Goods on the Service and advertising on other websites.
We can not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and correct errors, inaccuracies, or omissions without prior notice.
Prices Policy
The Company reserves the right to revise its prices before accepting an Order.
The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various available payment methods, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. We will not be liable for any delay or non-delivery of Your Order if we do not receive the required approval.
Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for third-party websites or services’ content, privacy policies, or practices. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the preceding shall be limited to the amount paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party softwarandor third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. Each party’s liability will be limited to the greatest extent permitted by law in these states.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and includes all faults and defects without warranty. To the maximum extent permitted under applicable law, the Company, on its behalf and behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to this, the Company provides no guarantee or undertaking. It makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or Serviceformation, content, and materials or products included thereon; (ii) that the Service wilServiceinterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or Servicehat the Service, it Servicers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your application use may also be subject to local, state, national, or international laws.
Disputes Resolution
If you have any concerns or disputes about the Service, you should first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of your country.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or the United States government has designated that as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
Suppose any provision of these Terms is held to be unenforceable or invalid. In that case, it will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, a party’s failure to exercise a right or to require the performance of an obligation under these Terms shall not affect its ability to exercise such right or require such performance at any time after that, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if we had made them available through our Service.
YoService that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
