These terms and conditions apply to all users of this website/service (henceforth referred as "you"), and are upheld at all times by ARTIFICIAL GUITARS PTY LTD (henceforth referred as "we" and, or Artificial Guitars). By using this website, you agree to the terms as set out in this document, if you do not agree to any of these terms, please do not use this website.
Australia (henceforth referred to as “AUS”)
IN GENERAL
Our general terms and conditions shall apply to business relationships of any kind between:
Artificial Guitars Pty Ltd
and our customers exclusively and regardless of their way of ordering (via internet, phone, email, fax, etc.). Our general terms and conditions are subsequently called “GTC”.
Following our GTC, customers are consumers as well as businesses. A consumer is a natural person who enters into a legal transaction for a purpose that mainly does not involve action within the framework of a commercial or other independent professional activity. Businesses means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
Conflicting conditions deviating from our GTC will not be acknowledged unless we have expressly and in writing given our consent in regards to their validity. Our GTC also apply when we do deliver implicitly, although being informed of a contrary and deviating condition.
OFFER AND CONTRACT
The offering of our products on-line as well as in newsletters, catalogues and other ads are non-binding and subject to change without notice. The display of our products in these media does not represent a legally binding offer, but is only an invitation for the customer to make an offer.
In case of an order in our online shop, the customer makes a binding offer once he has clicked on the button “place order” for all items in the shopping cart. Before delivery, we enable the customer to review and, if necessary, correct the order regarding its regularity
and the data of value and quantity. After sending the order, the customer receives an order confirmation, which is not to be considered our accepting of the contract. The contract is concluded through sending of a separate order confirmation within two working days or via delivery of the goods.
Artificial Guitars Pty Ltd reserves the right to refuse to perform the service promised if it becomes apparent after concluding the contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Potential considerations, which have already been provided, shall be reimbursed without delay. Potential considerations will be credited to the customer and, if desired, reimbursed. Further customer claims are excluded.
The contractual language is English.
We save the contract text and send the customer the order data as well as the GTC and the right of withdrawal via email. The customer can, if he is registered, access and view the customer login area.
DELIVERY
If the customer is a business, or consumer customer, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. Risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
All prices are cash prices, plus any applicable charges for shipping, packaging, carriage or payment. Deliveries to all worldwide countries are subject to additional customs, duties and taxes payable directly to UPS (or other appointed carriers) upon delivery. All pricing to Australia are in AUD, Non - AUS countries are charged in $ (US$). Artificial Guitars Pty Ltd is not able to inform you about the exact additional customs, duties and taxes charges. For further details in this matter please contact your local customs authorities.
For inquiries for purchasing Artificial Guitars in countries not listed on above list, please visit the “contact us” and send a message
The goods must be thoroughly inspected by the consumer or an authorized individual upon receipt in order to detect any transportation damage. Business customers and consumer customers must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, that customers who are consumers to notify us of any clearly identifiable transportation damage.
DAMAGES/SHORTAGES MUST BE NOTIFIED WITHIN 24 HOURS OF DELIVERY – ARTIFICIAL GUITARS PTY LTD CANNOT BE HELD RESPONSIBLE FOR TRANSIT DAMAGE IF REPORTED AFTER 48 HOURS OF DELIVERY.
The delivery charge shown is a standard charge and does not constitute a guarantee of delivery date from the time you have placed an order. In case of urgent deliveries, which services we may offer to the customer, the arising extra costs will be charged to the customer.
We reserve the right of partial deliveries in case of non- available items. We reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever.
Unless otherwise advised, delivery will be made by a courier service of our choice, within normal business hours. A signature at this address will be required. All delivery times and dates are subject to stock availability and backlog and may vary from the information given online. Unfortunately Artificial Guitars Pty Ltd can in no circumstances guarantee a particular delivery date and time and therefore cannot be held responsible for delayed orders and cannot offer any compensation.
In case a cooperation of the customer is necessary; delivery time does not start before the customer has not met that obligation.
If in case the acceptance of delivery is declined by the customer, or if he has stated an inaccurate delivery address or if the goods cannot be delivered due to other reasons that are the customer’s risk, the customer is obliged to bear all of the real freight costs and fees (both ways).
We do not offer exchanges, product returns or refunds for consumer customers. Consumer customers are responsible for shipping costs, import duty, customs and taxes. The risk of loss and title to such products pass to the consumer customers upon our delivery of such products to the shipping carrier. Shipping damages for consumer customer shipments are the responsibility of the customer.
PRICES AND PAYMENT
Price modifications for consumers are admissible if the time span between the conclusion of the contract and the agreed date of delivery of the goods is longer than 4 months. Should the wages, cost of materials or other cost factors change thereafter up to completion of delivery, we are entitled to adjust the price appropriately in accordance with the changes in cost. Customer may withdraw from the agreement only if the previous price increases more than moderately and exceeds the increase in the general cost of living. If the customer is a business customer, the agreed price applies. In the event that the price has risen by the time of performance as a result of a changed market price or as a result of remunerations owed to third parties, which may have been brought into the performance process, having risen in the meantime, the higher price shall pertain. If the increased price differs from the agreed price by 20% or more, the customer shall have the right to rescind the agreement. The customer must assert this right, immediately after the notification of the increase in price.
We accept the following forms or payment: VISA, Mastercard, PayPal and Bank Transfer.
We expressly reserve the right to refuse checks and other payment methods not mentioned. The acceptance takes place always only as payment. Payments in foreign currency are credited according to our bank statement. All bank charges are up to the customer.
RIGHT OF WITHDRAWAL
If you are an AUS consumer customer and purchase your product from us online or over the phone you have the right to cancel the order without any given reason as long as you contact us within 5 days of receiving your order. Items must be returned to us in new condition meaning they should show no signs of use, wear and tear or damage.
Packing Returned Items. Please retain all the original packaging for your items until you have decided to keep the goods, this is very important as an additional charge will be made for items returned without the original packaging.
If you wish to return any items within the 5 day, right to cancel period, all items must be packed in the original packaging box with appropriate (original) internal packaging to protect the product(s) and prevent them from moving around in transit to avoid scratches or damage. Artificial Guitars Pty Ltd cannot accept responsibility for any item that is damaged due to insufficient packaging, and your return will be refused or refund reduced if items are not packaged correctly.
Once returned to us we will process a full refund, where delivery has been charged on the original shipment we will refund our standard delivery charge but enhanced or timed delivery charges will not be refunded.
Please note the cost of returning the items to us must be covered by the customer and where goods have been damaged, marked or show signs of excessive testing or use (outside the normal bounds of showroom use) a charge will be made to compensate for the reduction in value. Please do not return the goods per freight collect. We reserve the right to reject freight collect shipments. All arisen costs are up to the customer.
Insure your return whilst in transit. We recommend that when arranging delivery back to us you make sure your goods are insured to their full value. Artificial Guitars Pty Ltd cannot accept responsibility for returned items that are damaged in transit although we will inform you as soon as we are aware of any transit damage so that you can make a claim against your chosen courier.
The right of withdrawal shall not apply in the following cases:
Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
Delivery of sealed goods that is not suitable to be returned for reasons relating to health protection or hygiene, if their seal has been removed after delivery.
Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
If you wish to exercise the right of withdrawal, please contact us within 5 days of receiving your order either by email or postal letter. To meet the right of withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the cancellation period has expired. To exercise the right of withdrawal, you must inform us:
Send us a message by the “contact us” page
Consumer customers do not have the right of withdrawal (right to cancel) from the contract.
LIMITED WARRANTY TERMS & REGISTRATION
Artificial Guitars warrants its products to be free from defects in materials and workmanship for one (1) years from the date of original purchase, subject to limitations set forth herein (“Limited Warranty”). This Limited Warranty applies only to the original customer when this product is purchased online from www.artificialguitars.com or from an authorized Artificial Guitars Dealer mentioned on the dealer section of the www.artificialguitars.com web site and is subject to the limitations set forth herein.
Warranty works can only be executed by an authorized Artificial Guitars service center. To receive warranty service, return the complete instrument to an authorized Artificial Guitars Service Center, with your sales receipt as proof of purchase, during the applicable Limited Warranty period following below mentioned warranty return procedures. To the extent feasible, defective components that qualify for coverage under this Limited Warranty may be repaired or replaced at Artificial Guitars’ discretion without charge. If the qualified component is not repaired, Artificial Guitars may, at its sole discretion, either replace with a comparable product or refund the purchase price. Remedies beyond normal service repair of any Artificial Guitars product require both an evaluation and confirmation of the defect and a direct recommendation to Artificial Guitars from an authorized Artificial Guitars service center for alternative considerations.
All transportation and insurance charges and were applicable (outside of AUS) customs, duty and taxes charges associated with warranty service and repairs on Artificial Guitars products are the responsibility of the customer, as is any service initiated for the purpose of customizing setups or adjustments beyond factory specifications. This Limited Warranty does not cover initial standard setup and adjustment of the instrument and its components.
This Limited Warranty does not cover:
Fret wear, saddle wear, nut wear, strings and batteries.
Damage or defects due to alteration, misuse, abuse
Accidental or intentional damage
Damage in shipping
Any non-factory installed electrical-electronic components
Checking, shrinking, sinking, discoloration and ware of lacquer finishes.
Setups, adjustments or routine maintenance of any kind.
Damage to finishes or cracks, splitting, or warpage of wood due to changes in temperature or humidity, exposure to or contact with sun, fire, moisture, body salts and acids of perspiration, guitar straps, guitar stands/hangers made from vinyl, plastic, rubber or other synthetic materials, any other chemicals or polishes.
Damage, corrosion or rusting of any hardware components caused by humidity, salty air, or exposure to the moisture, body salts and acids of perspiration.
Any damage to an instrument resulting from customization or modification.
Normal wear and tear on any part of the instrument, case or gig bag including jacks, controls, switches, plated surfaces, tuning machines, pick-guards, zippers, clasps, handles, latches, case hardware etc.
All other damage and deterioration due to normal usage, wear and tear, aging, accidents, neglect, abuse, or Acts of Nature.
Any instrument, whose serial number or and model number is missing, altered or tampered with in any fashion.
Any instrument purchased from anyone other than Artificial Guitars or authorized Artificial Guitars dealer.
Instruments that have been serviced by unauthorized persons (any person other than an Authorized Artificial Guitars Service Center).
Tonal characteristics (tone is a subjective matter and is not warranted)
The foregoing constitutes the only warranty made by Artificial Guitars with respect to the products and is made expressly in lieu of all other warranties express or implied. Any implied warranties, including without limitation, any implied warranties of merchantability or fitness for any particular purpose, imposed under country, state or provinces law are limited to the duration of this Limited Warranty. In so far as such warranties cannot be disclaimed, Artificial Guitars limits the duration and remedies of such warranties to the duration of this express warranty and, at Artificial Guitars’ option, to the repair, replacement or refund described herein. Some countries, states or provinces do not allow limitations on how long an implied warranty lasts, so the above limitations may not be applicable to you.
Artificial Guitars assumes no liability for property damage resulting from failure of this product nor any loss of income, satisfaction, or damages arising from the loss of use of same due to defects or availability of same during service.
This warranty gives you specific legal rights that vary from country, state or province. Other than as permitted by law, Artificial Guitars does not exclude, limit or suspend other rights you may have, including any rights under consumer protection laws that cannot be lawfully changed or excluded. Further, Artificial Guitars does not exclude, limit or suspend other rights you may have against the person who sold Artificial Guitar products to you if that person has breached their sales contract with you. For a full understanding of your rights you should consult the laws of your country, state or province.
Please retain your original invoice/sales receipt. It is your proof of purchase validating this limited warranty.
In case you do not have online access fill out below details and mail it to us within 10 days of purchase:
LIMITED WARRANTY RETURN PROCEDURES
Important
To obtain warranty service, the instrument must be returned to an authorized Artificial Guitars service center at the address specified by our customer service department along with the received return authorization number (ATFCL Number). The ATFCL Number must be written in a conscious place on the outside of the return shipping carton or the return will be refused.
Simply send the completed warranty form to us by the “contact us” form.
Upon receipt of your warranty form our customer service department will advise the next best steps to follow.
Warranty returned goods should preferably be packed in the original packaging. If necessary, please use a protecting secondary packaging. Should you not possess the original packaging anymore, please use a suitable packaging in order to protect the goods from transport damages. Artificial Guitars Pty Ltd cannot accept responsibility for any shipping damages.
The consumer is responsible for all shipping and insurance costs (both ways). In case the next service center is abroad, customer has to pay for all customs costs, duty and taxes besides shipping and insurance costs (both ways).
SUGGESTED MAINTENANCE AND CARE OF YOUR ARTIFICIAL GUITAR
Changing Strings
In order to provide optimum tuning and performance, specific procedures for string changes should be followed. String should be replaced one at a time to maintain equal bridge and neck tension at all times. With ball end seated in the bridge, bring the string through the nut and then through the machine heads hole. Pull the string upward and begin turning the machine head. The first few windings will wrap the string snug against itself. Continue to bring the guitar into tune with further tensioning of the machine head tuners. Trim the excess off with wire cutters. Take care to protect your eyes during the string changing process.
Setting the Action
Maintaining the correct action on your new Artificial Guitar involves a balance of neck tension, nut height and saddle height because of the complex nature of neck and nut adjustments, it is highly recommended that these adjustments be made by a qualified technician.
Cold Weather Precautions
Guard your guitar against winter’s freezing temperatures and dryness. Keep your guitar in a case during winter and allow in time to warm up slowly in the case if it has been cold. Regulate the humidity in your home if possible as excessive moisture or dryness will damage your instrument, affect tonal quality and instrument life.
Warm Weather Precautions
Excessive heat and low humidity are your instrument’s biggest enemies. Keep your Artificial guitar on a stand or in a case in well tempered area. Do not expose your guitar to direct sunlight for long periods or leave it in a vehicle on hot days.
PLACE OF PERFORMANCE / APPLICABLE LAW / JURISDICTION
These Terms and Conditions of Use and Sale are subject to Australian law. The execution and interpretation of these Terms and Conditions fall within the jurisdiction of the Australian courts. In case of dispute, the competent court shall be that of the domicile of the Company.
If these Terms and Conditions of Use and Sale are translated into any other language and if there is a contradiction between the original version of this document and its translation, the Australian version hereof shall prevail, to the extent that such contradiction is the result of a translation error.