General terms and conditions

Article 1. Identity of the entrepreneur

GuitarBarbarian
Business address: Hastelweg 260D, 5652CN Eindhoven
Email address: info@gitaarbarbaar.nl
Phone number: 085-130 7538
Chamber of Commerce number: 89433254
VAT identification number: NL004727234B40

Article 2. Applicability

1. These general terms and conditions apply to every offer from GitaarBarbaar and to every agreement concluded between entrepreneur and 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 and Prices

1. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. Obvious mistakes or errors in the offer (such as obvious pricing errors) are not binding on GitaarBarbaar.
2. The listed prices are inclusive of VAT , unless otherwise stated.
3. Margin scheme: Because GitaarBarbaar primarily sells used goods, the margin scheme is often applied. In that case, no VAT is included on the invoice, and VAT is not deductible for business customers. This is clearly stated with the product or on the invoice.

Article 4. The Agreement and Payment

1. The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. Payment must be made via the payment methods offered during the ordering process.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to GitaarBarbaar without delay.

Article 5. Delivery and Execution

1. GitaarBarbaar takes the utmost care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has provided to GitaarBarbaar.
3. GitaarBarbaar strives 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 expressly agreed otherwise.

Article 6. Right of withdrawal (Returns)

1. The consumer can cancel an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it.
3. If the consumer exercises his right of withdrawal, the costs of returning the goods will be at his own expense .
4. GitaarBarbaar will reimburse all payments made by the consumer, including any delivery costs (of the outward shipment), without delay but within 14 days following the day on which the consumer reports the cancellation, provided that 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 statutory rights, GitaarBarbaar offers its own 3-month warranty on guitars, as specified on the website. This warranty does not affect the consumer's existing statutory rights.
3. The warranty does not apply if:
   • The consumer has repaired and/or modified the delivered products themselves 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

The following conditions apply to the sale of products by private individuals to GitaarBarbaar:

1. The seller declares that he is 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 10% deposit.
3. The remaining amount (90%) will be refunded within 7 days after the product has been received by GitaarBarbaar.
4. If the product does not match the description upon receipt 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 fulfil any obligation towards the consumer if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and for which it is not responsible 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 regarding the performance of the agreement must be submitted to GitaarBarbaar within a reasonable time, fully and clearly described.
2. Complaints submitted to GitaarBarbaar will be answered within 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 ).