Terms of Sale
We are Grain Guitars Limited, a company registered in England and Wales. Our company registration number is 10406158 and our registered office is at 28 Bycullah Avenue, Enfield, Middlesex, United Kingdom, EN2 8DN. Our postal address is 39 Grange Grove, London, N1 2NP, UK
Purchasing and Ordering from Grain Guitars
You are able to buy ready-made products and place custom orders through our website. Custom orders are entirely made-to-order, so please ensure that your order is correct before placing it, as we do not accept returns due to incorrect specifications.
Our acceptance of your purchase or custom order will take place when we email you to accept it, at which point a contract will come into existence between you and us. In the case of custom orders, this acceptance email will confirm the specifications of the guitar body or pick guard you have ordered.
If we are unable to accept your purchase or order, we will inform you of this in writing and will not charge you for the product. This might be because the components are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. Please quote the order number whenever you contact us about your order.
We are based in the United Kingdom and, whilst we serve the guitar community worldwide, and happily accept purchases and orders from other territories, you must ensure that your purchase or custom order complies with your local laws and regulations. Any taxes, fees or charges payable for shipping and importing your order will be your responsibility.
Photographs (where applicable), descriptions and specifications of our products are set out on our website. Actual colours may vary. This is due to the fact that every computer monitor has a different capability to display colours and that everyone sees these colours differently. We try to edit our photos to show the products as life-like as possible, but please understand the actual colour may vary slightly from your monitor. We cannot guarantee that the colour you see accurately portrays the true colour of the product.
Photographs in the Guitar Body Shop and Pick Guard Shop sections of the websites images of the the actual products offered for sale. Images in the Custom Order sections, however, are for guidance only. Part of what makes our products unique is that we hand paint the finish and you receive a unique work of art! This means that the images in the Custom Order sections are for illustrative purposes only and the product you receive will likely vary from the images on our website.
The packaging of the product may also vary from that shown in images on our website.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We are not obliged to accommodate requested changes.
We are under a legal duty to supply products that are in conformity with these terms and conditions.
Your Rights To Our Products
Whilst we really want you to enjoy and cherish our products, purchasing the products does not permit you to reproduce the products or any part of them. This includes the artwork incorporated into the finish and our logo . We reserve our rights in the artwork and design of our products.
If you would like to use the products for any purpose other than for personal use as part of an instrument or art work, we would be happy to discuss granting you a licence. Please contact email@example.com.
Price and Payment
The price of the product (which includes VAT, where applicable) will be the price indicated when you make a purchase or place a custom order.
We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
The costs of delivery to certain territories will be as displayed to you on our website.
We will deliver the products to you as soon as reasonably possible. Products purchased from our online shop will be shipped within 48 hours. Custom Order Guitar Bodies have a turnaround time of 12 weeks and Custom Order Pick Guards have a turnaround time of 3 weeks from the time we receive the clear acrylic pick guard from you.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us and receive a refund for any products you have paid for but not received.
Your products will be your responsibility from the time we deliver the product to the address you gave us.
You will own your product once we have received payment in full.
Returns, Cancellation and Replacements
You are entitled to return a product, cancel your order and in some instances request a replacement:
If what you have bought is faulty or misdescribed. Please note, that where products ordered are to be assembled by you (or a third party acting on your behalf such as, but not limited to, a luthier or guitar tech), we will not accept a return or offer a replacement for faulty assembly on your part or that of the third party. We will not offer a refund or replacement if parts made by a third party do not fit a product supplied by us or prove otherwise unsuitable.
If you want to return or cancel your order because of something we have done or have told you we are going to do (see 7.2 below).
You have the right to return or cancel your order and receive a full refund if:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
there is a risk that supply of the products may be significantly delayed because of events outside our control;
Any products which have been delivered must be returned to us. We will pay the costs of return in the instances above.
We offer a cancellation refund provided that we receive notification in writing (email/letter) within 14 days after the day of receipt provided that the item is returned in a saleable condition, and it is returned in a safe and protective manner, so that we receive the item undamaged. In the case of pickguards and scratchplates, the protective film must still be in its original position, in order to qualify for a refund. The cost of shipping on cancellation returns is to be borne by the customer.
To request a return, cancellation or replacement please email us at firstname.lastname@example.org. Please provide your name, delivery address, details of the order and, where available, your phone number and email address.
Any refunds will be made by the method you used for payment.
We will make any refunds due to you as soon as possible but no later than 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
Grain Guitar’s Right To Cancel
We may give notice that we will not supply a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.
If we give notice in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking our terms of sale.
Access to our website is granted free of charge and on a temporary basis.
We do not guarantee that our website or any part of it will always be available or be uninterrupted. We may suspend or change any part of our website without notice and we will not be liable if our website is unavailable.
You are responsible for arranging your own access to the website and any service provider charges that may be incurred.
You may link to our website but only in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
It is important that you protect your device from viruses and malware. We will not accept responsibility for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material on or downloaded from our website, or on any website linked to it.
We are the owner or the licensee of all intellectual property rights in our website, and in the materials published on it or supplied to you. This includes any photographs, artwork, product designs and text; any trade marks or brand rights; and any other works which are protected by laws and treaties around the world. All of our intellectual property rights are reserved.
Any materials we supply or provide you are for your personal use and should not be distributed or copied without our prior permission. You must not use any part of the content or materials on our website for any purposes without obtaining a licence to do so from us or our licensors.
Contact and Complaints
If you have any questions or complaints about our website or our products, please contact us. You can telephone us on +44 (0) 7305 839 595 or write to us at email@example.com.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
We only supply the products and grant access to our website for domestic and private use. You agree not to use our website for any commercial or business purposes. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, including if you use the products for any commercial, business or re-sale purpose.
How We May Use Your Personal Information
We will use the personal information you provide to us:
to supply the products to you;
to process your payment for the products; and
if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
Other Important Terms
We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Any delay in enforcing our rights or bringing an action against you shall not be a waiver of our rights. Even if we delay in enforcing this contract, we can still enforce it later.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
These terms are governed by the laws of England and Wales.