General terms and conditions

Article 1. Identity of the entrepreneur

GitaarBarbaar B.V.
Registered address: Hastelweg 260D, 5652CN Eindhoven
Email address: info@gitaarbarbaar.nl
Phone number: 085-130 7538
Chamber of Commerce number: 99961970
VAT identification number: NL869205778B01

Article 2. Applicability

1. These general terms and conditions apply to every offer from GitaarBarbaar and to every agreement concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.

Article 3. The Offer, prices and discounts

1. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. Obvious mistakes or obvious errors in the offer (such as obvious pricing errors) do not bind GitaarBarbaar.
2. The stated prices are including VAT, unless otherwise stated.
3. Margin scheme: Because GitaarBarbaar often sells used goods, the margin scheme is often applied. In that case, no VAT is stated on the invoice and the VAT is not deductible for business customers. This is clearly stated with the product or on the invoice.
4. Discounts, discount codes, promotions, welcome discounts, vouchers, trade-in bonuses, and other benefits cannot be combined with each other, unless GitaarBarbaar expressly states otherwise in writing.

Article 4. The Agreement and Payment

1. The agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set for it.
2. Payment must be made using the payment methods offered during the order process.
3. The consumer is obliged to report inaccuracies in provided or stated payment details to GitaarBarbaar without delay.

Article 5. Delivery and Execution

1. GitaarBarbaar will exercise the greatest possible care when receiving and executing product orders.
2. The place of delivery is the address that the consumer has made known to GitaarBarbaar.
3. GitaarBarbaar aims to ship orders within the Netherlands within 2 working days, unless a different delivery period has been agreed upon.
4. The risk of damage and/or loss of products rests with GitaarBarbaar until the moment of delivery to the consumer, unless explicitly agreed otherwise.

Article 6. Right of Withdrawal (Returns)

1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
3. If the consumer makes use of his right of withdrawal, the costs for returning the goods are for his own account.
4. GitaarBarbaar will reimburse all payments from the consumer, including any delivery costs (for the outward shipment), without delay, but within 14 days following the day on which the consumer reports the withdrawal, provided the product has been returned in good order.

Article 7. Warranty and Conformity

1. GitaarBarbaar guarantees that the products comply with the agreement, the specifications stated in the offer and the reasonable requirements of soundness and/or usability (Legal conformity).
2. In addition to the legal rights, GitaarBarbaar offers its own warranty of 3 months on guitars, as specified on the website. This warranty does not affect the legal rights the consumer already has.
3. The warranty does not apply if:
   • The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties without permission.
   • The defects are the result of improper use or lack of maintenance (e.g. moisture damage).

Article 8. Purchase of goods

When individuals sell products to GitaarBarbaar, the following conditions apply:

1. The seller declares to be the owner of the product and that the product is free from encumbrances and restrictions.
2. After physical inspection and final approval by GitaarBarbaar, the seller will receive a down payment of 10%.
3. The remaining amount (90%) will be paid within 7 days after the product has been received by GitaarBarbaar.
4. If, upon receipt, the product does not match the description or shows defects that were not reported, GitaarBarbaar reserves the right to cancel the purchase or adjust the offer.

Article 9. Force Majeure

1. GitaarBarbaar is not obliged to fulfill any obligation towards the consumer if it is hindered from doing so as a result of a circumstance that is not due to fault, and which is not for its account under the law, a legal act or generally accepted views (such as fire, theft, or transport strikes).

Article 10. Complaints Procedure and Disputes

1. Complaints about the execution of the agreement must be submitted to GitaarBarbaar in a timely manner, fully and clearly described.
2. Complaints submitted to GitaarBarbaar will be answered within a period of 14 days from the date of receipt.
3. Agreements between the entrepreneur and the consumer are exclusively governed by Dutch law.
4. Consumers can also submit disputes to the European ODR platform (http://ec.europa.eu/odr).