TERMS AND CONDITIONS
SECTION 1 - Website owner, the offering, and binding of Terms
This website is owned and operated by https://www.giungiguitars.com/. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors handmade and unique electric guitars and basses. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
SECTION 2 - Who can use your website; what are the requirements to create an account
In order to use our website and/or receive our services, you must be at least 14 years old or the age of majority in your state and your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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SECTION 3 - Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on your payment method.
SECTION 4 - PRODUCTS OR SERVICES (if applicable) by Giungi Guitars
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5- ACCURACY OF BILLING AND ACCOUNT INFORMATION
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We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 6 - OPTIONAL TOOLS
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We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising fromor relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
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Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - Retention of right to change offering
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We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
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SECTION 10 - Warranties & responsibility for services and products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
SECTION 11 - Ownership of intellectual property, copyrights and logos
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The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of https://www.giungiguitars.com/. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
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SECTION 12 - Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
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SECTION 13 - Indemnification
You agree to indemnify and hold https://www.giungiguitars.com/ harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
SECTION 14 - Limitation of liability
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To the maximum extent permitted by applicable law, in no event shall https://www.giungiguitars.com/, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, https://www.giungiguitars.com/ assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
SECTION 14 - Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
SECTION 15 - Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
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SECTION 16 - Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Ancona, Italy, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Ancona, Italy.
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SECTION 17 - Customer support details & contact info
Terms are expected to have contact information enabling users and customers to receive customer support services and to correspond with the website and its operators.
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SECTION 18 - HOW TO MAKE A RETURN
You can return your items, without ever having used them, within 14 days from the delivery date and receive a refund of the price of the items or a store credit to use on the entire catalogue, with no time limit. Items to be returned must be shipped from the same country in which you received them.
1 - Send us an email at giungi.guitars@gmail.com specifying the order number and the model you bought.
2 - You will receive a prompt answer to accept or decline your request, if it is compliant with the 14 days established for you to ask for a refund.
3 - Choose a courier of your choice to ship the instrument to: Giungi Guitars, Via Giambattista Pergolesi, 28, 60125 Ancona, AN (Italy).
3 - Start preparing your return.
In this case, Giungi Guitars declines any responsibility for any loss, damage due to bad packaging or delay in the delivery of the return. Refunds can be withheld if damages occur during shipping or if the instrument has been damaged by your usage.
SECTION 19 -PREPARE YOUR RETURN
As soon as you have completed the online request, you can prepare your package.
Pack the items securely in the Giungi Guitars box. If this is not possible, use a neutral, sturdy box to ensure that the items arrive undamaged. If items are damaged, we will not be able to accept your return.
Check that each item to be returned is in the same condition in which it was originally shipped and that it is packed carefully and tidily.
Check that all original labels are intact and have not been removed from the item.
Any returned guitar may only be played for the purpose of trying it. It must not have been played for other purposes or damaged, modified, scratched in any way.
SECTION 20 - DEFECTIVE ARTICLES
In the event of a defective or damaged item, please contact us immediately. We kindly ask you to provide us with detailed information about the defect you are experiencing and to send us photos. Our team will examine your request and provide a solution to the problem as soon as possible.
SECTION 21- REFUND
Once we have received your return, we will check that all the conditions listed above have been met: if the procedure has been carried out correctly, we will issue a refund, which will be made via the same payment method used at the time of purchase, excluding any shipping costs.
The refund usually takes place after a few days. Processing times may vary depending on the payment method and bank.
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