§ 1 General Provisions
These General Terms and Conditions of Business (as amended from time to time) apply to any and all business relations between LLC “Woodstock Guitars” and the customer. Customers may be either business entities or consumers.
A “consumer” means any natural person who enters into a legal transaction for purposes that are predominantly not related to their business activity.
A “business entity” means a natural or legal person who, when entering into a contract, acts within the scope of their business or professional activity.
The display of products in the online store does not constitute a legally binding offer to conclude a contract; it is merely a non-binding online catalogue of the available assortment. By clicking the “Buy” button, the customer makes a legally binding declaration of intent to purchase the goods placed in the shopping cart.
After the order is submitted, the customer will immediately receive confirmation of receipt. A sales and purchase agreement shall be deemed concluded only upon receipt of a separate order confirmation issued by LLC “Woodstock Guitars”.
The contract is stored, and the order details as well as these General Terms and Conditions are sent to the customer by email. Customers may review all previous orders by logging into the “Personal Account” section on the website.
LLC “Woodstock Guitars” reserves the right to refuse performance of contractual obligations if, after the contract has been concluded, it becomes apparent that the goods are unavailable or of inadequate quality, notwithstanding the prior conclusion of the respective contract. In such case, the customer will be notified without delay and any payments already made will be refunded promptly. Any further claims against LLC “Woodstock Guitars” are excluded.
The contractual language is English.
§ 2 Delivery
If the customer is a business entity, delivery shall be made at the customer’s risk. This also applies in the case of partial deliveries.
If the customer is a consumer, the risk of accidental loss or accidental damage to the goods shall pass to the customer only upon actual handover of the goods, even in case of sales involving carriage. Handover shall also be deemed to have taken place if the buyer delays acceptance of the goods.
Delivery shall be made to the delivery address specified by the customer.
The stated prices include all local taxes unless otherwise indicated. Depending on the tax rules of the customer’s country, VAT and customs duties may be added to the invoice or may be payable to the local customs authority.
Delivery within Ukraine costs USD 5 per order. For orders over USD 100, delivery within Ukraine is free of charge. International shipping rates are available in the “Shipping” section.
Any additional customs duties and charges for deliveries to countries outside Ukraine (third countries) shall be borne by the customer.
The customer or an authorized representative must thoroughly inspect the goods upon receipt in order to detect any transportation damage. Any transportation or packaging damage discovered must be confirmed in writing by the carrier upon delivery and properly documented.
Consumers are also requested, without legal obligation, to notify LLC “Woodstock Guitars” of any clearly identifiable transportation damage.
§ 3 Withdrawal from the Contract and Returns
Statutory right of withdrawal
If the customer is a consumer, the customer has the right to withdraw from this Contract within fourteen (14) days without giving any reason.
The withdrawal period shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the last of the goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify LLC “Woodstock Guitars” (LLC “Woodstock Guitars”, Ukraine, 04077, Kyiv, 1a Dniprovodska Street, office 102. Tel.: +380505830659, Email: sales@woodstock-guitars.com) of their decision to withdraw from this Contract by a clear statement (e.g., by sending a letter by mail or by email).
The customer may use the attached withdrawal form template; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If the customer withdraws from this Contract, we shall reimburse all payments received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a method of delivery other than the least expensive standard delivery option offered by us), without undue delay and in any event no later than fourteen (14) days from the day on which we receive the notice of the customer’s withdrawal from this Contract.
The reimbursement will be made using the same means of payment as the customer used for the initial transaction, unless expressly agreed otherwise. Under no circumstances will the customer be charged any fees for such reimbursement.
We may withhold reimbursement until we have received the returned goods or until the customer has provided evidence that they have sent back the goods, whichever is earlier.
The customer must return or hand over the goods to us without undue delay and in any event no later than fourteen (14) days from the date on which they notify us of withdrawal from this Contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day period.
The costs of returning the goods shall be borne by LLC “Woodstock Guitars”.
The customer shall be liable for any diminished value of the goods only if such loss in value is attributable to handling or use beyond what is necessary to verify the condition, characteristics, and functioning of the goods.
The right to return goods is entirely excluded for goods manufactured or modified according to the customer’s individual requirements, as well as for bulk goods, items subject to wear and tear (e.g., strings, sticks, drumheads, cables, plectrums, and reeds), and items that cannot be returned for hygiene reasons (e.g., mouth organs). The same applies to goods with special safety properties for which such properties can no longer be guaranteed after use. Goods whose value has been reduced as a result of use are not eligible for return.
Exclusions from the statutory right of withdrawal
The statutory 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 an individual choice or according to customer specifications, or which have clearly been tailored to the customer’s personal requirements;
- delivery of sealed goods which are not suitable for return 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;
- delivery of newspapers, journals, or magazines, excluding subscription contracts;
- goods whose value has been diminished as a result of use.
§ 4 Warranty and Liability for Damage
The warranty does not cover defects or damage caused by negligent or improper handling of the goods, improper installation, the use of unsuitable accessories, or modifications made by the customer or by third parties not authorized by LLC “Woodstock Guitars”.
Signs of wear and tear resulting from normal use are also excluded from the warranty.
If the customer accepts the goods or the object of the order while being aware of a defect, the customer may assert warranty claims only to the extent specified below, provided that the customer has recorded such reservation in writing immediately upon receipt of the goods.
Warranty claims based on transportation damage may be asserted only if the customer has complied with the inspection and notification obligations under § 2, item 7.
The warranty period for new goods is 24 months and begins from the moment the risk transfers.
In all other respects, warranty procedures shall be carried out in accordance with applicable law.
LLC “Woodstock Guitars” shall be liable for damage not related to injury to life, health, or bodily integrity only in cases of intent, gross negligence, or culpable breach of a fundamental contractual obligation by LLC “Woodstock Guitars” or its engaged parties (e.g., the delivery service). Any further liability for damages is excluded.
§ 5 Three-Year Woodstock Warranty
In addition to the statutory warranty, LLC “Woodstock Guitars” provides a three-year warranty in accordance with the provisions below.
LLC “Woodstock Guitars” provides a warranty for defects arising within three years from the transfer of risk which can be proven to have been caused by a material defect or a manufacturing error. Only customers who are consumers may assert claims under this warranty; such claims are non-transferable.
The following are excluded from the warranty:
- used equipment;
- computer parts and accessories, unless otherwise specified in the relevant product description;
- products subject to wear through use or other natural wear and tear;
- product defects caused by failure to follow the instructions for use, inappropriate use, exceptional environmental conditions, external operating conditions, excessive strain, or lack of maintenance or care;
- product defects caused by the use of accessories, supplementary parts, or replacement parts that are not original components;
- products that have been modified or altered;
- minor deviations from the intended condition that do not significantly affect the product’s value or fitness for use.
Defects recognized by LLC “Woodstock Guitars” as covered by warranty shall, at its discretion, be remedied either by free repair or by replacement with a fully functional product (a subsequent model if necessary). Replaced goods and components become the property of LLC “Woodstock Guitars”.
Warranty claims must be asserted within the official warranty period. To do so, the relevant product must be returned to LLC “Woodstock Guitars” together with the original invoice by requesting a “return coupon”.
Claims other than the right to remedy defects as set out in these warranty terms are not covered by this warranty.
The warranty period for the product shall neither be extended nor renewed as a result of services performed under this warranty.
The customer’s warranty rights under § 4 and applicable law shall not be restricted by these warranty terms.
§ 6 Due Date and Payment Terms
Unless otherwise agreed in writing, invoices issued by LLC “Woodstock Guitars” must be paid in full without delay. Orders paid in advance will be shipped upon receipt of payment.
For card payments, the amount is debited at the time of payment. The debited amount in the card currency may be slightly lower or higher due to currency conversion and/or bank fees.
LLC “Woodstock Guitars” reserves the right to refuse cheques and other non-cash means of payment. Acceptance of such methods is for the purpose of payment only. Foreign currency payments are credited according to our bank statement. Bank fees shall be borne by the customer.
If the customer defaults on payment of the purchase price, the customer must pay interest at five percentage points above the applicable base rate for the entire period of default. If LLC “Woodstock Guitars” proves that greater losses were suffered as a result of the default, it shall be entitled to assert corresponding claims.
§ 7 Retention of Title
If the customer is a business entity, the delivered goods remain the property of LLC “Woodstock Guitars” until all outstanding claims against the customer, including any ancillary claims, have been paid in full.
In contracts concluded with consumers, LLC “Woodstock Guitars” retains title to the goods until the purchase price has been paid in full.
Until full payment of the purchase price, the customer is not entitled to sell the goods to third parties or take any other actions that may endanger the ownership rights of LLC “Woodstock Guitars”.
§ 8 Place of Performance and Jurisdiction
These General Terms and Conditions shall be governed by the laws of Ukraine, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the buyer is a consumer, this applies only to the extent that the buyer does not lose the protection of mandatory legal provisions of the state of their habitual residence.
The place of performance for all obligations arising from business relations with LLC “Woodstock Guitars” shall be Kyiv, provided the customer is a merchant, a legal person governed by public law, or a special fund under public law.
If the customer is a merchant, a legal person governed by public law, or a special fund under public law, Kyiv shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship or from these General Terms and Conditions.
§ 9 Alternative Dispute Resolution
The Seller is not obliged and is not prepared, as a matter of principle, to participate in dispute resolution proceedings before a consumer arbitration body.
§ 10 Severability
If any provision of these Terms and Conditions is found to be unenforceable for any reason, the validity of the remaining provisions shall not be affected.