TERMS AND CONDITIONS
GENERAL TERMS AND CONDITONS “GTC”
Our general terms and conditions shall apply to business relationships of any kind between:
Chemin du Vuasset 5
Shipping to and from location (logistics):
Chemin du Vuasset 5
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 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 bindingoffer, 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 “order” for all items in the shopping cart. Before delivery, we enable the customer to review and, if necessary, correct the order regarding its regularityproducts
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.
CEM (Akman) Guitars 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 (only for EU and swiss customers) via email. The customer can, if he is registered, access and view the customer login area.
If the customer is a business, or a non-EU business or consumer customer, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a EU consumer the 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 packaging, carriage or payment. All prices of goods shipped to the EU include taxes and VAT and are charged in Euro. Deliveries to all Non-EU countries are subject to additional customs, duties and taxes payable directly to UPS (or other appointed carriers) upon delivery.
CEM (Akman) Guitars 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.
Standard shipping fee within the EU will be charged with a flat fee of EUR 50 per carton. International shipping fees will be charged with a flat fee of EUR 80 per carton.
For inquiries for purchasing CEM Guitars in countries not listed on above list, please send an e-mail to: infos @cemguitars.com
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 non-EU 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 – CEM (Akman) Guitars 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 CEM (Akman) Guitars 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 EU, swiss and Non-EU customers. All customers are responsible for shipping costs, import duty, customs and taxes. The risk of loss and title to such products pass to the customers upon our delivery of such products to the shipping carrier. Shipping damages for 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 EU-consumer or swiss 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 14 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 14 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. CEM (Akman) Guitars 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. CEM (Akman) Guitars 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 14 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:
By E-mail: or letter by post with a clear statement of your decision to cancel this contract.
Non-EU-customers do not have the right of withdrawal (right to cancel) from the contract.
LIMITED WARRANTY TERMS & REGISTRATION
mentioned on the dealer section of the warrants its products to be free from defects in materials and workmanship for two (2) years for EU and Swiss customers (one year for Non-EU customers) 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 web site and is subject to the limitations set forth herein.
Warranty works can only be executed by an authorized CEM (Akman) Guitars service center. To receive warranty service, return the complete instrument to an authorized CEM (Akman) 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 CEM (Akman) Guitars ’ discretion without charge. If the qualified component is not repaired, CEM (Akman) Guitars may, at its sole discretion, either replace with a comparable product or refund the purchase price. Remedies beyond normal service repair of any CEM (Akman) Guitars product require both an evaluation and confirmation of the defect and a direct recommendation to CEM (Akman) Guitars from an authorized CEM (Akman) Guitars service center for alternative considerations. All transportation and insurance charges and were applicable (outside of Switzerland) customs, duty and taxes charges associated with warranty service and repairs on CEM (Akman) 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, scratching, 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 CEM Guitars or authorized CEM Guitars dealer.
Instruments that have been serviced by unauthorized persons (any person other than a Authorized CEM Guitars Service Center).
Tonal characteristics (tone is a subjective matter and is not warranted)
The foregoing constitutes the only warranty made by CEM (Akman) 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, CEM (Akman) Guitars limits the duration and remedies of such warranties to the duration of this express warranty and, at CEM (Akman) 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.
CEM (Akman) 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, CEM (Akman) 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, CEM (Akman) Guitars does not exclude, limit or suspend other rights you may have against the person who sold CEM 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.
Please register your new CEM Guitars Online to validate your warranty in the "Register" section on the www.cemguitars.com website
In case you do not have online access fill out below details and mail it to us within 10 days of purchase:
Customer Address Details:Product Information:
City:Date of Purchase:
LIMITED WARRANTY RETURN PROCEDURES
To obtain warranty service, the instrument must be returned to an authorized CEM Guitars service center at the address specified by our customer service department along with the received return authorization number (RA Number). The RA Number must be written in a conscious place on the outside of the return shipping carton or the return will be refused.
Before you return a warranty item, please contact us by email or by post.
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. CEM (Akman) Guitars 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 CEM GUITAR
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 CEM 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 CEM 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
If nothing else is stated in this contract, our registered office shall be the place of fulfillment and the place of payment. The legal stipulations regarding places of jurisdiction shall remain unaffected, if not stated otherwise.
For this contract, Swiss Law applies with the exceptions of private international law and the UN sales convention. Excluded from the choice of law are solely district stipulations of the EU-customer protection law of the customer’s permanent country of residence, since when doing transactions with consumers, the law might be applicable, where the consumer has his / her usual residence within the European Union, if consumer protection rules are concerned.
For contracts with merchants, bodies corporate under public law or bodies with special assets under public law, the court of our registered office is the exclusive place of jurisdiction of the courts of Lausanne, Switzerland. CEM (Akman) Guitars however is also entitled to sue the customer at the place of general jurisdiction.
Alternative dispute resolution:
The seller is not obliged and is not prepared on principle to participate in a dispute settlement proceeding in front of a consumer arbitration board.
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.