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GENERAL TERMS AND CONDITIONS “GTC”
Chug Express SL (previously trading under the name of Solar Guitars SL) is an independent fulfilment company that is also running the official online store www.solar-guitars.com for the Solar Guitars brand.
Our general terms and conditions shall apply to business relationships of any kind between :
Chug Express SL
Carrer Esclopeters S/N Nau 2C
17150 Sant Gregori,
Email : firstname.lastname@example.org
VAT Registration Number: B55300727
Shipping to and from location (logistics):
Poligono Industrial Joeria Sud
and our customers exclusively and regardless of their way of ordering (via internet, phone, email, fax, etc.). Our general terms and conditions are subsequently called “GTC”.
Following our GTC, customers are consumers as well as businesses. A consumer is a natural person who enters into a legal transaction for a purpose that mainly does not involve action within the framework of a commercial or other independent professional activity. Businesses means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
Conflicting conditions deviating from our GTC will not be acknowledged unless we have expressly and in writing given our consent in regards to their validity. Our GTC also apply when we do deliver implicitly, although being informed of a contrary and deviating condition.
OFFER AND CONTRACT
The offering of our products on-line as well as in newsletters, catalogues and other ads are non-binding and subject to change without notice. The display of our products in these media does not represent a legally binding offer, but is only an invitation for the customer to make an offer.
In case of an order in our online shop, the customer makes a binding offer once he has clicked on the button “place order” for all items in the shopping cart. Before delivery, we enable the customer to review and, if necessary, correct the order regarding its regularity
and the data of value and quantity. After sending the order, the customer receives an order confirmation, which is not to be considered our accepting of the contract. The contract is concluded through sending of a separate order confirmation within two working days or via delivery of the goods.
Chug Express SL reserves the right to refuse to perform the service promised if it becomes apparent after concluding the contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Potential considerations, which have already been provided, shall be reimbursed without delay. Potential considerations will be credited to the customer and, if desired, reimbursed. Further customer claims are excluded.
The contractual language is English.
We save the contract text and send the customer the order data as well as the GTC and the right of withdrawal (only for EU customers) via email. The customer can, if he is registered, access and view the customer login area.
If the customer is a business, or a non-EU business or consumer customer, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a EU consumer the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
All prices are cash prices, plus any applicable charges for packaging, carriage or payment. All prices of goods shipped to the EU include taxes and VAT and are charged in Euro. Deliveries to all Non-EU countries are subject to additional customs, duties and taxes payable directly to UPS (or other appointed carriers) upon delivery. All pricing to Non-EU countries are charges in $ (US$). Chug Express SL is not able to inform you about the exact additional customs, duties and taxes charges. For further details in this matter please contact your local customs authorities.
Standard shipping fee within the EU will be charged with a flat fee of EUR 15 per carton. International shipping fees are available on below list: (click link).
For inquiries for purchasing Solar Guitars in countries not listed on above list, please send an e-mail to: email@example.com
The goods must be thoroughly inspected by the consumer or an authorized individual upon receipt in order to detect any transportation damage. Business customers and non-EU consumer customers must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, that customers who are consumers to notify us of any clearly identifiable transportation damage.
DAMAGES/SHORTAGES MUST BE NOTIFIED WITHIN 24 HOURS OF DELIVERY – Chug Express SL CANNOT BE HELD RESPONSIBLE FOR TRANSIT DAMAGE IF REPORTED AFTER 48 HOURS OF DELIVERY.
The delivery charge shown is a standard charge and does not constitute a guarantee of delivery date from the time you have placed an order. In case of urgent deliveries, which services we may offer to the customer, the arising extra costs will be charged to the customer.
We reserve the right of partial deliveries in case of non- available items. We reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever.
Unless otherwise advised, delivery will be made by a courier service of our choice, within normal business hours. A signature at this address will be required. All delivery times and dates are subject to stock availability and backlog and may vary from the information given online. Unfortunately Chug Express SL can in no circumstances guarantee a particular delivery date and time and therefore cannot be held responsible for delayed orders and cannot offer any compensation.
In case a cooperation of the customer is necessary; delivery time does not start before the customer has not met that obligation.
If in case the acceptance of delivery is declined by the customer, or if he has stated an inaccurate delivery address or if the goods cannot be delivered due to other reasons that are the customer’s risk, the customer is obliged to bear all of the real freight costs and fees (both ways).
We do not offer exchanges, product returns or refunds for Non-EU customers. Non-EU customers are responsible for shipping costs, import duty, customs and taxes. The risk of loss and title to such products pass to the Non-EU-customers upon our delivery of such products to the shipping carrier. Shipping damages for Non-EU customer shipments are the responsibility of the customer.
PRICES AND PAYMENT
Price modifications for consumers are admissible if the time span between the conclusion of the contract and the agreed date of delivery of the goods is longer than 4 months. Should the wages, cost of materials or other cost factors change thereafter up to completion of delivery, we are entitled to adjust the price appropriately in accordance with the changes in cost. Customer may withdraw from the agreement only if the previous price increases more than moderately and exceeds the increase in the general cost of living. If the customer is a business customer, the agreed price applies. In the event that the price has risen by the time of performance as a result of a changed market price or as a result of remunerations owed to third parties, which may have been brought into the performance process, having risen in the meantime, the higher price shall pertain. If the increased price differs from the agreed price by 20% or more, the customer shall have the right to rescind the agreement. The customer must assert this right, immediately after the notification of the increase in price.
We accept the following forms or payment: VISA, Mastercard, PayPal and Bank Transfer.
We expressly reserve the right to refuse checks and other payment methods not mentioned. The acceptance takes place always only as payment. Payments in foreign currency are credited according to our bank statement. All bank charges are up to the customer.
If you are a EU-consumer customer and purchase your product from us online or over the phone you have the right to cancel the order without any given reason as long as you contact us within 14 days of receiving your order. Items must be returned to us in new condition meaning they should show no signs of use, wear and tear or damage.
Packing Returned Items. Please retain all the original packaging for your items until you have decided to keep the goods, this is very important as an additional charge will be made for items returned without the original packaging.
If you wish to return any items within the 14 day, right to cancel period, all items must be packed in the original packaging box with appropriate (original) internal packaging to protect the product(s) and prevent them from moving around in transit to avoid scratches or damage. Chug Express SL cannot accept responsibility for any item that is damaged due to insufficient packaging, and your return will be refused or refund reduced if items are not packaged correctly.
Once returned to us we will process a full refund, where delivery has been charged on the original shipment we will refund our standard delivery charge but enhanced or timed delivery charges will not be refunded.
Please note the cost of returning the items to us must be covered by the customer and where goods have been damaged, marked or show signs of excessive testing or use (outside the normal bounds of showroom use) a charge will be made to compensate for the reduction in value. Please do not return the goods per freight collect. We reserve the right to reject freight collect shipments. All arisen costs are up to the customer.
Insure your return whilst in transit. We recommend that when arranging delivery back to us you make sure your goods are insured to their full value. Chug Express SL cannot accept responsibility for returned items that are damaged in transit although we will inform you as soon as we are aware of any transit damage so that you can make a claim against your chosen courier.
The right of withdrawal shall not apply in the following cases:
Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
Delivery of sealed goods that is not suitable to be returned for reasons relating to health protection or hygiene, if their seal has been removed after delivery.
Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
If you wish to exercise the right of withdrawal, please contact us within 14 days of receiving your order either by email or postal letter. To meet the right of withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the cancellation period has expired. To exercise the right of withdrawal, you must inform us:
By E-mail: firstname.lastname@example.org
or letter by post with a clear statement of your decision to cancel this contract. You may use the withdrawal template form below, but it is not obligatory.
In case you want to use the template form, please click on below link to download the template form in PDF format (click here.). Simply send the completed right of withdrawal form to us by post, or email.
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