GENERAL TERMS AND CONDITIONS
These general terms and conditions were published on 23rd February 2021 (the "General Terms and Conditions"). Read these General Terms and Conditions carefully. They form a legally binding agreement between you and Gibson Europe BV. When making use of our web shop you declare to agree with these terms and conditions.
Who we are
Gibson Europe BV
3811 MG Amersfoort
Tel: 00800-44427661 or (00800)-4GIBSON1
Chamber of Commerce: 34180426
("Gibson" or "we")
We love music but the legal piffle not so much, however we are convinced that a good experience with our products stands or falls on clarity about your and our mutual rights and obligations because sometimes things do go wrong. We also want to be the best in solving those things, which implies, inter alia, that in case of obscurity or problems we shall make our best effort to reach the best solution for you. And you should not expect anything less of the best guitar brand in the world …
1.1. The General Terms and Conditions are applicable to any and all orders placed by you via our web shop and any and all other agreements and (legal) act between Gibson and you. By clicking on the “I AGREE” button on our website you declare to agree with the General Terms and Conditions.
1.2. We can change the General Terms and Conditions at any time. As the occasion arises we shall publish the revised version on the Gibson website. The said version shall immediately take effect, barring in respect of previously placed orders.
2. Ordering procedure
2.1. You must be 18 years or over to be able to place a valid order via the website. The agreement is concluded at the moment that you click the “I agree” button. After the agreement has been concluded, a payment obligation arises in accordance with the payment method selected by you.
2.2. After that you receive an email from Gibson containing the most important arrangements regarding your purchase, including an overview of the products and the total and itemised price. It shall also include a link to these General Terms and Conditions in order that you can also check these afterwards in case you have questions about, for instance, the statutory reflection period, the warranty and our complaints handling scheme.
2.3. We aim to always inform you in the best way possible and we shall inform you via email at various times in the order processing process.
3.1. The prices on the website are including VAT however excluding shipping costs. The said shipping costs shall be added to the basket in the payment part of the website so that you can always see the total price before the agreement is concluded.
3.2. Also see our FAQ for more information.
4. Payment / reservation of title
4.1. Gibson only accepts payment through the payment methods mentioned on the site, i.e. the credit cards mentioned on the site and PayPal. We do not offer credit facilities for products purchased from us.
4.2. Any and all payment transactions may be subject to validation checks by the relevant provider of the card or by third parties. These validations shall be carried out in conformity with the Privacy Statement of our payment provider (Stripe).
4.3. The complete title of products ordered with Gibson only transfers after we have received payment in full of the purchase price. If, for any reason whatsoever, payment is rejected after Gibson has shipped the product then Gibson is entitled to claim back the relevant products or to yet claim payment in the course of which statutory collection costs can be charged. Gibson reserves the right to rescind the agreement. We can, as the occasion arises, charge costs for claiming back the products.
4.4. Gibson shall by no means be liable for any delay as a result of the aforementioned situations.
5.1 At present Gibson Europe BV only delivers its products in a limited number of countries within the European Union, i.e.: At this moment we only deliver to the Netherlands The number of countries shall shortly be expanded.
5.2 We only deliver products on working days during working hours and in some instances on Saturdays. For exact information about these services we refer you to the website or customer service of our carrier. You receive an email with information about your delivery at the moment that your shipment is received by the carrier.
5.3 As soon as you have placed the order you can no longer change the delivery address via the website of Gibson. Should a change be necessary then it is recommended to forthwith contact our customer service in order to check if it is possible to yet change the delivery address. Gibson cannot guarantee that a change of the delivery address is still possible at that moment. Potential additional costs for this shall be passed on to you by Gibson and we shall confirm these costs to you by email.
5.4 The delivery date of a product depends on the fact if the product is in stock and the delivery address that you specified. If an arrangement was not agreed on about the delivery time then a delivery time of at most 30 days after receipt of the payment applies.
5.5 We assume that the delivery address specified by you is accessible without additional efforts with common means of transport. If this is not the case then we kindly request you to indicate this during your order or to inform customer service immediately after the completion of the order.
5.6 As soon as our carrier has delivered your order to you, the risk of the products transfers to you. This means that from the said moment you are liable for the damages to the said products inflicted after the delivery.
5.7 If your shipment has (visible) damages then you must record this upon delivery when taking receipt of your shipment (on the delivery documents or on the terminal of the driver) and inform us immediately (however at the latest within 24 hours) of this. Contact our customer service for this.
5.8 If you observe after the unpacking of your shipment that your products are damaged then we kindly request you to inform us immediately (however at the latest within 24 hours) of this. Contact our customer service for this.
6. Right of withdrawal
6.1 You can, without stating reasons, revoke the agreement with Gibson up to 30 calendar days after you have received the product (or in case multiple products were ordered that were shipped via several shipments, 30 calendar days after you have received the last shipment). You do this by sending an email to our customer service department, in which instance:
6.1.1 we shall forthwith, however in any case within 30 calendar days from the day of receipt of the returned products, repay payments with regard to the purchase price and potential costs for the delivery of the product to you, barring the additional costs if you expressly opted for delivery other than the standard delivery. Upon repayment we shall use the same method of payment that was used for the effectuated payments or, in consultation, pay the amount into a bank account specified by you.
6.1.2 If you rely on your right of withdrawal then the costs of the return and potential quality control are at your expense. This will apply only for the total order amount below 500 EUR. These costs shall be deducted from your repayment. The costs basically equal the shipping costs. If they are different then we confirm potential additional costs to you by email.
6.1.3 During the period of the right of withdrawal you are held to handle the products diligently.
6.1.4 Products must be returned to us complete, undamaged and in the original or equivalent packaging. Also see our FAQ for more information. In case of doubt we request you to call our customer service for instructions.
6.1.5 If after receipt and quality control we observe that the product has damages (other than demonstrable transport damages) and/or traces of use as a result of which the product becomes commercially unmarketable for us then we reserve the right to return the product to you without stating reasons, in the course of which we shall not repay the purchase price. Potential additional costs deriving from this (including, but not limited to, transport costs) shall be passed on. We shall confirm this to you by email.
6.1.6 If after receipt and quality control we observe that the product has damages (other than demonstrable transport damages) and/or traces of use as a result of which we need to proceed with repair and/or replacement of components in order to render the product commercially marketable again then any and all costs deriving from this shall be at your expense. They shall be deducted from the repayment of the purchase price. We shall inform you of this and confirm the costs to you by email.
7. If a product is damaged or defect
7.1 For our warranty terms and conditions we refer you to https://www.gibson.com/Support/Warranty-Registration or you can contact our customer service.
7.2 If we conclude that there is question of a defect that is covered by our warranty then we shall:
7.2.1 proceed with replacement by an equivalent product, where possible; or
7.2.2 if replacement by an equivalent product is impossible, offer you an equivalent alternative replacement product; or
7.2.3 proceed, in consultation, with repair.
7.3 If we reach the conclusion that a product that you returned to us is actually not damaged or defect then we shall return it to you and charge the additional costs for the return of the product to you. We shall confirm this to you by email.
7.4 If a product that you received from us is not the product that you ordered then we kindly request you to inform our customer service accordingly. We shall then pick up the incorrectly delivered product and deliver the correct product to you or repay the purchase price and potential delivery costs to you.
Refunds shall take place in conformity with these General Terms and Conditions and through repayment to a bank account specified by you or according to the same payment method that you used when you placed the order. Banks can take up to 5 days to process the repayment; this is beyond the control of Gibson.
9.1 Nothing in these General Terms and Conditions excludes or limits our liability for:
9.1.1 death or bodily harm due to negligence;
9.1.2 fraud; or statutory requirements or other liability that cannot be excluded pursuant to applicable legislation.
9.2 In the broadest sense permitted by law:
9.2.1 the website and the content are offered ‘as is’ and without guarantees of any nature whatsoever;
9.2.2 nothing can be expected of the products other than that they correspond with the agreement and are suitable for the objective for which they are made available; and
9.2.3 we reject any and all express and implied statements, guarantees, provisions and other terms and conditions that are related to the website, the content and the products.
9.3 The total liability, by agreement, pursuant to an unlawful act (including negligence) or violation of a statutory obligation or otherwise by us, the group companies, directors, employees, carriers or other intermediaries relied on, for damages inflicted on you or a third party shall be limited to at most:
9.3.1 the amount that you paid for the product; or
9.3.2 the amount that our liability insurer pays out, to the extent that the latter proceeds with payment of an amount.
9.4 We, our directors, employees, carriers or other intermediaries relied on, are not liable on account of the agreement, pursuant to an unlawful act (including negligence) or violation of a statutory obligation or otherwise for:
9.4.1 any indirect or consequential damages;
9.4.2 any damages deriving from or in connection with loss of income, lost profit, goodwill, data, agreements or interruption of business activities;
9.4.3 any and all damages deriving from the use of the website or web shop, including, but not limited to, the damages in connection with the use, the impossibility of use and the consequences of the use of the website or the web shop, websites linked to the website or the information on the said websites, including, but not limited to, losses or damages due to viruses that may infect your computer equipment, software, data or other properties as a result of your access to, use of or browsing on the website or as a result of downloading data from the website or from websites linked to the website; and/or
9.4.4 potential damages that arise on account of the fact that the products were used in an abnormal manner or due to the implementation of changes in the products, negligence to follow our instructions or use of the products in a negligent manner.
9.5 In case of force majeure we are not held to comply with our obligations or we are entitled to cancel orders, without you being entitled to any compensation. If the period of force majeure has continued for more than three months then both Gibson and you are entitled to cancel the orders or to rescind the agreement(s), without being liable to pay compensation to the other party. Force majeure is understood as each and every circumstance beyond our control as a result of which compliance with our obligations is fully or partly hindered. The said circumstances include, inter alia: industrial action, fire, operational breakdowns, power failures, failing or late delivery by suppliers or other hired third parties, the lack of a permit officially to be obtained, sickness or unavailability of employees, as well as failures in a (telecommunications) network or connection or used communications systems and/or the at any time unavailability of the website and/or its content.
9.6 Invalidity and waiver
9.6.1 If and to the extent that a part of these General Terms and Conditions or a provision thereof is declared to be null and void or is nullified or is otherwise invalid then the remaining provisions of these General Terms and Conditions shall remain in full force and effect and the validity of the other provisions of these General Terms and Conditions shall basically not be affected. Gibson and you shall then agree on an alternative provision that best approaches the null and void or invalid provision.
9.6.2 Not relying on the General Terms and Conditions by Gibson does not imply that we waive the rights deriving from the same.
10. Rights of third parties
Third parties cannot derive any rights from these General Terms and Conditions.
We reserve the right to transfer or outsource any or all of our rights and obligations deriving from these General Terms and Conditions to one or more third parties. We shall inform you of this by email.
12. Complaints, applicable law and jurisdictionYou can submit a complaint by clicking on this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Dutch law is exclusively applicable to any and all agreements concluded pursuant to these General Terms and Conditions and to any and all (legal) acts between you and us. Any and all disputes that derive from the aforementioned agreements and that are related to these General Terms and Conditions, and/or the interpretation or implementation thereof, are brought to the cognisance of the competent court in Amsterdam. The applicability of the Vienna Sales Convention 1980 (CISG) is expressly excluded.
13. Complete agreement
These General Terms and Conditions jointly form the complete agreement with regard to the order via the web shop for any product and replace any and all prior agreements between you and us with regard to the use of the website and/or your order of the said product.