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§ 1 Scope of application
Commercial relations between guitarissimo and the customer shall be governed exclusively by the following terms of business, in their currently valid version at the time or ordering. Any differing conditions applied by the customer shall not be acknowledged, unless the said conditions have been confirmed by us in writing. The place of performance for the completion of payments shall be the registered office of Guitarissimo.com in Stockholm, Sweden. Where the customer is a commercial operator, the place of jurisdiction shall be dictated by the competent court for the registered office of Guitarissimo.com in Stockholm, Sweden.
§ 2 Conclusion of contract and withdrawal
The contract shall become effective upon the acceptance of the order, which shall be notified to the customer by E-mail.
§ 3 Subsequent delivery
Where a given product is currently unavailable, the order submitted for the said product shall remain in force until the latter becomes available once more. The customer shall be notified to this effect. The missing goods will be dispatched at the earliest opportunity, freight paid by costumer. The customer shall be notified of this dispatch. If the customer does not wish goods to be delivered at a later date, they may give notice to this effect at the time of ordering. In this case, the customer will be required to re-order the goods concerned.
§ 4 Special offers
Special offers shall only be valid for the period indicated, and shall be subject to the availability of the goods on special offer.
§ 5 Retention, offsetting
The exercise by the purchaser of rights of retention or offsetting shall be subject to the confirmation of the legal validity of the purchaser's counterclaim or to the demonstrable acknowledgement of the latter on our part. The purchaser shall only exercise a right of retention in accordance with entitlements arising from their existing contractual relations.
§ 6 Retention of ownership
Goods delivered shall remain the property of Guitarissimo.com pending the completion of full settlement in respect thereof by the customer.
§ 7 Guarantee and liability
Where the customer lodges an enforceable claim in respect of defective goods, we shall, at our discretion, either repair or replace the goods concerned. If, for whatever reason, repair or replacement is not possible, the customer shall be entitled either to receive a reduction in the purchase price or to withdraw from the contract. We shall only accept liability for defects in goods as supplied. Compensation claims against us or our agents, on whatever legal grounds, excepting claims in respect of injury to the life, person or health of the injured party, shall be excluded. The above provision shall not apply in case of damage arising from wilful action or gross negligence. Liability shall not be excluded where goods purchased are used in accordance with instructions. In case of inconsistencies in the Online Shop, the basis of reference to be considered shall be the Swedish text and the prices indicated in Euros (Ã¢â€šÂ¬).
§ 8 Safeguard clause
Should specific provisions of the contract, including the present provision, prove to be wholly or partially ineffective, or in case of an omission in the said contract, the validity of the remaining provisions or parts thereof shall not be affected.
§ 9 Agreement of place of jurisdiction with EU customers
Contracts concluded with legal or natural persons, or with undertakings under the terms of mercantile laws, whose residence or registered office is located within a Member State of the European Union shall be governed by Swedish law. In respect of these contracts, the place of jurisdiction shall also be dictated by the competent court for the registered office of Guitarissimo.com in Stockholm, Sweden.