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Terms & Conditions

In General

Deimel Guitarworks (www.deimelguitarworks.com) owns and operate this Website. This document governs your relationship with Deimel Guitarworks (www.deimelguitarworks.com). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). Use of this website constitutes acceptance of the terms and conditions laid out on this page. Deimel Guitarworks reserves the right to amend these terms at any time, without warning. All changes will be made current on this page. If you do not agree to any of these terms, please do not use this website. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

External Links
This Website may contain links to other websites (the “Linked Sites”), which are not operated by Deimel Guitarworks (www.deimelguitarworks.de). Deimel Guitarworks (www.deimelguitarworks.de) has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at http://deimelguitarworks.com/about/privacy-statement . By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Deimel Guitarworks (www.deimelguitarworks.com) will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Deimel Guitarworks (www.deimelguitarworks.com) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Deimel Guitarworks (www.deimelguitarworks.de) and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Deimel Guitarworks (www.deimelguitarworks.de) you must be over 18 years of age. Deimel Guitarworks (www.deimelguitarworks.com) retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Custom built guitars and guitar basses 

TERMS AND CONDITIONS / LIMITATIONS OF LIABILITY

When ordering a custom Deimel Guitarworks guitar or bass guitar …

Ordering

Where possible we prefer a customer to come to the workshop for a full, free, design session in the first stages of ordering their custom guitar. This has to be strictly by appointment only of course, 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.

Please review the purchase order and attached drawings (if applicable) carefully for errors and/or omissions. Approving the purchase order constitutes acceptance and full responsibility for any errors, omissions and legal compliance in this document and the purchase order. Deimel Guitarworks cannot accept liability for any errors overlooked once the order confirmation has been approved and paid for. Any changes made to an invoice are subject to additional charges.

Once the specifications and a quotation have been agreed we require a non-refundable deposit of 40%, 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 finalised up to the date of the transfer. Deimel  Guitarworks reserves the right to cancel an order at any stage prior to actually beginning construction of the project if the luthier believes 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.

Finishes

Wood Veneers, Lacquers, and Finishing
Due to the inherently unique qualities of wood and wood veneer, variations such as grain color, grain pattern and unique markings must be expected. These variations can be present on each guitar and are not considered defects. Lacquers may vary slightly in hue due to slight variations from the lacquer manufacturer and the hand made process. Our samples serve as a GUIDE ONLY and should not be taken as representing the exact traits or hue as your finished guitar.  Color representations on computer terminals and screens can be different based on settings and various display technologies. You agree that you cannot dispute the finish, color, texture or any other physical attribute after taking delivery of a product.

Other Materials
Color, texture, and graining variations can occur in products like wood and metal. These are not normally considered imperfections. Colors are bound to have variations in every production line. Color representations on computer terminals and screens can be different based on settings and various display technologies. You agree that you cannot dispute the finish, color, texture or any other physical attribute after taking delivery of a product.

Lead Time
Each guitar at Deimel Guitarworks is individually constructed by hand by Frank Deimel and his team. As a result, please allow approx. 10-12 months from the order confirmation for the completion of your order. Lead times may vary outside of this range due to certain factors such as the number of pieces ordered, holidays, production delays, etc. If any revisions and/or additions have been made to your order, please allow additional 6-8 weeks from the date the revisions/additions took place. Custom orders typically require a minimum of 12 months from the date we receive signed approval of your design. Your order confirmation will indicate an estimated lead time for your particular order.

The build process and 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 we build is entirely unique and it is incredibly difficult to be accurate when considering the complexities involved.

We will create a private page (password protected) on our website for each client including the most up to date spe-cifications for the build and and photo documentation of the process when it is 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 finalised 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, e.g. 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 unrecognisable 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.

Delays

Delays in production and shipping may occur. If a delay occurs, don’t panic.  We work hard to get your purchase to you as soon as humanly possible.  Deimel Guitarworks takes great care to insure that every guitar that we sell meets the highest standards of quality and craftsmanship.  Please keep in mind that we work with individually hand crafted, made to order items that go through multiple fabrication steps, all of which are susceptible to unforeseen complications and/or damage. We stand behind the quality of everything we sell and your satisfaction with our products is of the utmost importance to us. Because of this, if an order does not live up to our standards, we occasionally have to remake an ordered item. In most cases, delays occur due to busy seasons, holidays, production delays, unforeseen custom order complications, or other factors not in our control. We will make all efforts to quote accurate lead times and notify all our customers promptly. Under no circumstances will Deimel Guitarworks be responsible for any consequential damages resulting in order completion or shipping delays.

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 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 Deimel Guitarworks instruments are covered by the Limited Warranty as detailed below.  If full payment of the balance owing is not paid within 6 months 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 Deimel Guitarworks guitars and bass guitars

Happy customers make us happy. Deimel Guitarworks takes great care to insure that every guitar that we sell meets the highest standards of quality and craftsmanship. We stand behind the quality of everything we sell and your satisfaction with our products is of the utmost importance to us.

1) Warranty Terms and Conditions.
Deimel Guitarworks warrants solely to the original purchaser of this Deimel Guitarworks musical instrument that the instrument purchased shall be free from defects in materials and work-manship 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 Deimel Guitarworks).

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 Deimel Guitarworks dealer.

2) Limitation on Obligations.
The obligations of Deimel Guitarworks hereunder are limited to repair or replacement of parts of the instrument found to be defective under this Limited Warranty. In no event shall Deimel Guitarworks 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 Deimel Guitarworks. 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 Deimel Guitarworks musical instrument. NO representation or warranty made by any Deimel Guitarworks salesperson, dealer, agent, representative or employee shall be binding upon Deimel Guitarworks other than as set forth herein.

Guitar parts, guitars or guitar basses in stock, and merchandise

When ordering guitar parts, merchandise, in stock Deimel guitar or in stock Deimel bass guitar …

(a) Our Contract

When you place an order for guitar parts, guitars or guitar basses in stock, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.deimelguitarworks.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.deimelguitarworks.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with deimelguitarworks.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to deimelguitarworks.com.

Indemnity

You agree to indemnify, defend and hold harmless deimelguitarworks.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

deimelguitarworks.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and deimelguitarworks.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of deimelguitarworks.com.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

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