TERMS & CONDITIONS

These conditions are an essential part of any online shop, as they set out what we can expect of each other (especially if things don’t go to plan)

HOWEVER, we are friendly and ethical people here, and are not about ripping folk off . If you have any problems or issues contact us as we can usually find solutions – especially if there is something you are not happy about. We want all our customers to have a good experience – so any issues? please talk to us!

We have tried to make these T&C’s as easy to read as possible – plain language not legalese
please read these terms and conditions carefully before placing your order and save a copy with your order for future reference

General Terms

a) These terms of sale apply to all goods supplied by Bailey Guitars, Burn House, Maybole, South Ayrshire ( PO Box 8409, Kirkmichael Guitar Village, Maybole, KA19 8YH). This site is owned and run by Bailey Guitars (“Bailey”, “we”, “us” or “our”) If you have any questions or comments please contact us by either email or phone: 01655 883138 (Monday –Thursday, 10:30 to 16:00 or leave a message on our 24 hour ansaphone).
b) These terms and conditions apply to any use of this web site/online shop, and by accessing this web site and/or placing an order you agree to be bound by theses terms and conditions set out here. If you do not agree to be bound by these terms and conditions you may not use or access this site.
c) We may need to alter our site, policies and terms and conditions. Any changes will apply as soon as they are updated to the site. You will need to read and accept the T&C’s for every order you place, so you will be aware of any changes.
d) These terms and conditions and all transactions relating to this web site are governed by UK law and are subject to the non–exclusive jurisdiction of the UK courts. We do not accept amendments to these terms and conditions.
e) Additional terms and conditions may apply for prize competitions, online bidding, pre–release orders and our services and offers. If so, you will be told of these at the relevant time.
f) These terms and conditions only cover the Bailey Guitars web site. We accept no responsibility or liability for web sites which you might link to from our site, which are not under our control as they have their own terms and conditions. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.
g) Mark Bailey (“Bailey Guitars”, “we”, “us” “our”) owns the copyright, trademarks and other intellectual property rights in all material and content on this web site, which you may use, download, copy, publish, or transmit only for your own personal, non–commercial use. Any other use, reproduction of the material or content, or the restriction of enjoyment by anyone else is strictly prohibited . All other trademarks, and copyrights are the property of the respective owners.
h) We work hard to make sure the content of our Bailey Guitars web site and shop are accurate at all times, but we cannot guarantee this. This does not affect your statutory rights.
i) We cannot guarantee that the Bailey Guitars site will be fully functional at all times, or free of viruses and bugs and are not responsible for any loss of material transmitted through the site. Any problems should be reported immediately to the webmaster.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Bailey Guitars, Burn House, Maybole, South Ayrshire, (
PO Box 8409, Kirkmichael Guitar Village, Maybole, KA19 8YH
.)
1.2Any order placed through our on–line shop is an offer by you to buy the goods selected in your basket. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3 An order receipt acknowledgement will be sent to you by email, and then another email on acceptance of the order and confirmation of the sale prior to the items being dispatched.
1.4 If for whatever reason we cannot process your order we will contact you by telephone and/or email.
1.5 If we accept your order but are for some reason unable to supply an item(unavailability, incorrect pricing etc) we will contact you as in 1.4 and if appropriate offer you an alternative or a refund (see Refunds Policy below)
1.5 1.6 You have the right to cancel the “contract” (see Cancellations below).
1.7 We have the right to terminate the “contract” if we do not receive cleared funds(see condition 3.1).
1.8 We may change these terms of sale without notice to you in relation to future sales, but these will be updated in this document.
2. Description and price of the goods
2.1 The description and price of the goods we sell will be as shown on our web site at the time you place your order, and every effort is made to ensure that these are accurate at all times, but is not fixed until you receive the confirmation email.
2.2 If, after accepting your order, we discover that the item(s) are unavailable, wrongly described or mis–priced, we will inform you by email. If there are no suitable alternatives then we will refund you as soon as possible and within 7 working days of your response
2.3 If the item(s) are part of a multiple order we will discuss the alternatives with you and where necessary recalculate the shipping costs and refund the item (and any shipping costs) at the same time
2.4 If, within 21 days of receipt of our notice to you, you have not responded we will cancel the order contract and refund you automatically
2.5 As well as the purchase price, you will also pay delivery/shipping charges– these vary according to the items size and weight, and despatch method – and the costs for each item will be made clear when you order. There is no charge for collection of any goods
2.6 All prices shown include vat at the current UK rate of 20%
3. Payment
3.1 Bailey Guitars cannot release any goods for dispatch until payment is made in full. Payment for the goods and delivery charges can be made by any method shown on our web site at the time you place your order.
3.2 We will not ship goods until cleared funds are received, and we cannot be held responsible for processing errors by your bank. Any errors in processing should be notified as soon as they come to light .
3.3 Any discounts or reductions must be agreed with us in advance and in writing.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, and appropriate charges will apply.
4.2 Urgent or overnight deliveries are only made by arrangement and to locations where the service applies – this depends on the carrier. It is advisable to contact us directly in these cases.
4.3 If delivery cannot be made to your address for reasons under our control we will inform you as soon as possible.
4.4 access: If you are unable to receive the goods or the carrier is unable to gain access, and the goods are returned to us we will hold the items until you contact us to arrange redelivery – there will be a second charge for re–shipping in these circumstances which we will notify you of . We will hold any undelivered items for 30 days and if there is no response from you we will refund your payment minus the shipping charges and an admin/storage/insurance fee for larger items (guitars/amps) of £50
4.5 If you cancel your contract under the Distance Selling Regulations we will refund or re–credit you within 30 days for the goods and shipping. If you exercise your right to cancel and have received the goods you are required to contact us immediately to arrange a collection in the condition and packaging they were sent out in. You are responsible for these goods until they are collected by us and we recommend you take out insurance cover If you do not return the goods (see Returns for further conditions), we reserve the right to deduct any direct costs incurred by us in retrieving the goods.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted., but we cannot be held liable for any loss or damage caused by reasonable or unavoidable delay in delivery. We will give you notice of delays where possible and you will have the option of cancelling your order.
4.7 On delivery you must check the goods and sign for receipt and good condition of items. If the packaging appears to be badly damaged then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. This is important as it may affect your warranty claim. If your goods are damaged when they arrive please contact us as soon as possible, keep the packaging and take photographs.
4.8 We cannot ship to a PO Box address as a signature is required on delivery.
General Information about our Delivery/Shipping
A) All our shop items are delivered by either Royal Mail (smaller items) or courier door to door delivery for guitars – Shipping fees include handling and packing fees as well as postage/delivery costs . In the UK & EU the fees also include VAT, but not outside the EU where there may be import charges and local taxes which we are not responsible for
B) Delivery charges are based on item weight & location and in the UK also include insurance. There are no charges if you collect any item (by arrangement) and we will refund any charges taken at checkout if you decide to buy online and collect from the workshop.Delivery charges are based on item weight & location and in the UK also include insurance.
C) Shipping fees include handling and packing fees as well as postage costs. Handling fees are fixed, whereas transport fees may vary according to total weight of the shipment. We advise you to group your items in one order. We cannot automatically group two distinct orders placed separately, and shipping fees will apply to each of them, but if you contact us as soon as possible after placing an order we can try to merge the orders & shipping costs.
D) Special care is taken to protect fragile objects and we recommend extra insurance for valuable items.
E) Where possible we use recycled packaging and keep these costs to a minimum but these costs will vary according to the size of the item. All all guitars for delivery are in a hard case which is then packaged fully.
5. Risk/Title
5.1 The goods are the property of Bailey Guitars until payment is received in full.
5.2 The goods are at your risk from the time of reciept of delivery, and until collection if returned and insurance for high value items is recommended
5.3 We will be entitled to recover payment for the goods even though ownership of any of the goods has not passed from us.
6. Your right of cancellation
6.1 You have the right to cancel the contract at any time up to 7 working days from placing the order.
6.2 To exercise your right of cancellation, you must give written notice to us by hand, post or email, but NOT by phone or text alone. You need to give us order details including date, cost, item and delivery details
6.3 If you decide to cancel AFTER delivery you are responsible for returning goods to us in the condition sold by contacting us to arrange a collection (see Returns policy)
6.4 Once you have notified us that you are cancelling the contract, we will refund or re–credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.5 Cancellation of custom guitar commissions after 7 days may mean loss of the deposit paid (this is to cover the costs of work already done and materials bought) and you are liable for the full cost of the guitar. Custom commissions require a signed quote to be agreed before work starts and that document includes all the terms of work and sale for those builds.
7. Warranty
We guarantee all our guitars to the registered owners – this covers faulty workmanship and manufacture including parts, but excludes wear & tear or accidental damage. This does not apply to our guitars that have been re–sold or bought second hand. For all other items in the shop statutory guarantees apply – see individual item descriptions for guarantee details.
8. Limitation of Liability
8.1Subject to 8.2 below, we are not liable to you for any loss or damage in circumstances where:
8.1.1 we have met any legal duty owed to you by us (or by our employees or agents);
8.1.2 any loss or damage is not reasonably foreseeable;
8.1.3 loss or damage results from you breaching this contract.
8.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
9. Data Protection
9.1 We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
9.2 Bailey Guitars will use the data you give us only to answer your enquiries and process any orders.
9.3 We would like to keep you updated about what we are doing , changes to web site and offers etc, and you can opt to receive our bulletins, If you change your min then send a blank email with the subject ‘No BAILEY information’.
9.4 We do not share, sell, trade or rent your personal data to any person or other companies unless required to by law, and we do not hold your financial and banking details – these are processed by the payment companies. Any payments or details send to us directly are also not stored or kept on computer, only receipt copies for normal accounting purposes. Invoices held here only have addresses and costs and no reference to account or card numbers.
10. Images
Product images are taken to show the item to the best of our ability. We accept that photographs are not the real thing but the item pictured for sale (unless a generic model) will be the one purchased. In the case of our range of models the photo illustrates the nature of the model. Photographs of the item being built can be requested. In the unlikely event that you are not happy with the item once in arrives, please refer to the returns policy.
11. Returns
11.1 Items Damaged in transit If any items were damaged in transit, we ask that you report it to us immediately, take photos, and within 7 working days and we will arrange a collection. If the item’s packing is visibly damaged on receipt, please check the goods before signing and sign the carrier’s delivery note “DAMAGED” or refuse the delivery. Items should be returned in their original packaging complete with all accessories and documentation. Once we receive it, and have confirmed the damage we’ll issue a replacement or full refund to you via your original payment method.
11.2 Items Faulty on Arrival If after opening and trying out your item ,you believe is it faulty, you have 30 days to tell us about the fault and we will arrange a return. Items should be sent back in their original packaging complete with all accessories and documentation. Once the fault is verified, we’ll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return shipping costs. We will test returned items, and if it is found not to be faulty we will return the item to you, in this instance you will be liable for the return shipping costs.
11.3 Items Faulty in Guarantee Period If any of your purchases develop a fault, and it’s more than 30 calendar days since receipt, then providing your item is within its warranty period, you are entitled to a guarantee repair. Please contact us immediately as we can make suitable arrangements. In the unlikely event that repair is not possible we will replace the item or offer you a refund.
11.4 Used Items These only have a 90 day guarantee and will be marked clearly in the shop – any claims after this time are not accepted
Need to return an item?
You can request a return using our easy to use, online returns system which is accessed via your account.
In addition to this section you should also refer to all the Terms and Conditions of Sale
12. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to UK law and the UK courts will have jurisdiction in respect of any dispute arising from the contract.