Terms and Conditions | :bian Guitars

TERMS AND CONDITIONS / LIMITATIONS OF LIABILITY

When ordering a custom :bian guitars’ guitar

The bulk of the processes detailed below were updated in June 2019 to make the customer experience more streamlined and predictable, if your instrument was ordered before then you will see differences in procedure but the terms and conditions still apply.

ORDERING

Where possible we prefer a customer to contact us, or come to our workshop for a full, free, design session in the first stages of ordering their custom guitar. This has to be strictly by appointment only, the workshop can be a dusty and dangerous place if you’re not expected. If this is not possible we will go into as much detail as possible via email, phone calls or video chat. Once the specifications and a quotation have been agreed we require a non-refundable deposit of 50%, this is to cover the initial costs and materials of the build. Sending the deposit constitutes an agreement to these terms and conditions and to the specifications finalized up to the date of the transfer. The quotation does NOT include a guitar or bass hard case or bag, any case or bag will have to be quoted for separately. :bian guitars reserves the right to cancel an order at any stage prior to actually beginning construction of the project if the we believe that the project has developed into something he is not able or willing to build, of course, if we cancel a build then the deposit will be refunded to the client.

THE BUILD PROCESS & TIMETABLE

During the consultation process, we will try as far as possible to estimate a date to start the custom guitar build and also a projected completion date, this has to stay an estimate though. Every single guitar or bass we build is entirely unique and it is incredibly difficult to be accurate when considering the complexities involved.

During the build we photograph every process and send these to the customer and through various social media sites, we strongly advise our customers to follow these photos as closely as possible; this is one way in which we guarantee perfection. We welcome any comments throughout the build and the smallest change can make a great instrument into the perfect instrument for you. Once the specifications of a custom build have been finalized and work on the actual instrument has commenced there will be a 15% surcharge plus material and time costs on any substantial changes to those specifications, ie any changes which mean a change in the machining required, woodwork or changes to hardware or pickups. We don’t like having to do this but in the past instruments have gone so far off track that the original specs were unrecognizable and we ended up making a loss on the projects, this also has a direct impact on the build schedule on guitars behind yours in the list. Any changes to the build process have to be confirmed in writing.

DELIVERY

Once the instrument is complete, we will let you know that it is ready for delivery and that the balance is due. Sending the balance, plus shipping costs signifies that you have seen the photographs through email and/or the various social feeds and in our workshop diary and that you agree there are no cosmetic issues with the build and that it was built to meet your specifications. Once the balance and shipping charges have cleared into our account, we will arrange the shipping/delivery of your custom guitar or bass, liaising to find the best method and date of delivery. All :bian guitars instruments are covered by the Limited Warranty as detailed below. If full payment of the balance owing is not paid within 6 weeks of notification of completion then the instrument will be sold to cover costs and the client will lose all rights to it.

Warranty for custom made :bian guitars guitars and basses

1) Warranty Terms and Conditions. :bian guitars warrants solely to the original purchaser of this :bian guitars musical instrument that the instrument purchased shall be free from defects in materials and workmanship under normal use for as long as the instrument is owned by the original purchaser, and until the ownership of the instrument is transferred to another (unless otherwise noted by :bian guitars). This Limited Warranty does not apply: (a) to wear or breakage of frets or strings, or other normal wear and tear of the instrument or its parts; (b) to asserted defects caused by modification, misuse or abuse or improper maintenance of the instrument; (c) to asserted defects involving subjective personal likes or judgements; (d) to asserted defects caused by accident or exposure to extremes of temperature or humidity which cause harm to the instrument; (e) to defects asserted by any purchaser who did not purchase the instrument from an authorized :bian guitars dealer.

2) Limitation on Obligations. The obligations of :bian guitars hereunder are limited to repair or replacement of parts of the instrument found to be defective under this Limited Warranty. In no event shall :bian guitars be liable for any indirect, incidental or consequential damages, including but not limited to time, wages or lost profits, of any nature or kind or for damages to or loss of property.

3) No Other Warranties. The Limited Warranty set forth herein constitutes the entire warranty and representation :bian guitars. This Limited Warranty shall be controlling over any conflicting terms and conditions of any purchase orders, contracts or invoices which may be executed in connection with the purchase of the :bian guitars musical instrument. NO representation or warranty made by any :bian guitars salesperson, dealer, agent, representative or employee shall be binding upon :bian guitars other than as set forth herein.

When ordering and buying custom guitars and production model guitars (guitars designed and produced on :bian guitars' own initiative and posted on the shop Website)

SHIPPING AND RETURNS

We will post to any address as long the address at which your payment card is registered is also present on your order.

Parcels, depending on the customers address will be delivered via Swiss Post PostPac Priority or Swiss Post PostPac International Priority. We will include packaging und delivery and insurance in the shipping costs.

Please note: Orders are not usually processed for shipment on weekends and Swiss holidays.

Items Damaged in Transit

All orders leave :bian guitars’ premises, in an original undamaged state. We are not responsible for any damage caused to the items during transit; if your order arrives visibly damaged, take photos before opening the box showing all damage to the packaging, and photos clearly showing all damage to goods. Please contact us with these photos and we can contact the courier used to try and resolve this issue for you. In these situations, we are not in control of the outcome so an immediate refund or exchange may not be available.

RETURNS

Faulty Goods

All goods are new unless stated otherwise, and as such should arrive in perfect condition. Should you receive a damaged or faulty item please let us know and we will review the circumstances and provide a suitable resolution. We must be notified of any item found to be damaged or faulty when received within 7 days of receipt, and this item must be returned to us within 14 days of receipt. Please contact us through the links at the bottom of this page and we will discuss and agree on how to send back the instrument and if and how we will refund the shipping costs.

Non-Faulty Goods

We accept the return of non-faulty goods for exchange or refund. These items must be returned to us carriage paid in the original packing and in a saleable condition WITHIN 14 DAYS of original receipt. Postage and packing or carriage on exchange/replacement item is chargeable. Please contact us before returning the goods and enclose a copy of the original order.

Please contact us for a returns address.

This returns policy does not affect your legal Rights.

CANCELLATION OF ORDERS

You are able to cancel your order prior to shipping with no cost penalty being incurred and full credit of your account if monies have already been taken (this explicitly does not apply to custom guitar orders where a cancellation means the loss of the deposit, or of full monies paid to date if work has commenced on the guitar in any way). You can cancel an order by following the links on the :bian guitars website, or by phoning us on +41798949880.

See Data protection.

Liability

:bian guitars does not accept responsibilities beyond those set forth here, including any liability for products not being available for use, or for the provision of services and support. :bian guitars shall not be liable for loss of profits, loss of business, or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of products or services, :bian guitars is not liable or responsible for any amount of damages above the amount paid by the customer for the purchase of products or services. Under no circumstances, including, but not limited to, negligence, shall :bian guitars be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of profit arising out of the use, or the inability to use, the materials on this site, even if :bian guitars has been advised of the possibility of such damages. If your use of the materials or information on this site results in the need for servicing or repair, :bian guitars shall not be liable for any costs incurred. :bian guitars continually upgrades, improves, and revises its products and services to provide customers with new products and services. :bian guitars may revise or discontinue products at any time without prior notice to customers. Natural oil and/or wax finishes with stains are liable to fading during the first year and stains on lacquered instruments will fade through exposure to natural light. :bian guitars will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible. Shipping costs refers to the shipping and handling costs from us to the customer. These terms are subject to change without notice. The use of this website is subject to the following terms of use: A) The content of the pages of this website is for your general information and use only. It is subject to change without notice. B) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. C) Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. D) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. E) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. F) From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). G) Your use of this website and any dispute arising out of such use of the website is subject to the laws of Switzerland.

Thank you for reading this – Giuseppe Cassata

:bian guitars