TERMS AND CONDITIONS & REFUND POLICY

These terms and conditions (the “Terms and Conditions”) govern the use of www.fenechguitars.com.au (the “Site”). This Site is owned and operated by Fenech Guitars Pty Ltd. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Fenech Guitars Pty Ltd and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

1. Guitars; and
2. Merchandise

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site:

1. Credit Card; and
2. Bank Transfer

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

1. TNT Road Express (Guitars) 2-7days
2. Australia Post 2-7days
3. Aramex 2-7days

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Limitation of Liability

Fenech Guitars Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Fenech Guitars Pty Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Queensland, Australia.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Refund and Returns Policy

Fenech Guitars Pty Ltd

This Refund Policy (“Policy”) applies to all purchases from us, unless stated otherwise

(1) CUSTOMER SATISFACTION IS OUR PRIORITY

At Fenech Guitars Pty Ltd, customer satisfaction is our priority.

We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.

Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.

Please read this Policy before making a purchase, so that you understand your rights as well as what you can expect from us in the event that you are not happy with your purchase.

(2) AUSTRALIAN CONSUMER LAW

1. Under the Australian Consumer Law:Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.You are entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods.
2. We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
3. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
4. If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
5. Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
6. If a product which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund.
7. If a product which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

(3) CHANGE OF MIND

We do not offer any refund if you simply change your mind, or find the same product or service cheaper elsewhere.

(4) PRODUCTS DAMAGED DURING DELIVERY

In the event that a product which you ordered is damaged during delivery:

• Please contact us as soon as possible.
• Email us with photos of damage to packing box and photos of damage to product.
• We will organise to repair the damaged product or to collect it and replace it with an equivalent product, or to provide a refund, provided that you contact us within 5 days of receiving the product.

(5) EXCEPTIONS

Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product you purchased if:

1. You misused the said product in a way which caused the problem.
2. You knew or were made aware of the problem(s) with the product or service before you purchased it.
3. You asked for a custom work to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
4. Any other exceptions apply under the Australian Consumer Law.

(6) SHIPPING COSTS FOR RETURNS

1. In the event that a product you purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law we will bear any costs of shipping the said product (the “Returned Product”) back to us, as well as any costs of shipping any replacement product to you.
2. If the Returned Product can easily be posted or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
3. In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.

(7) RESPONSE TIME

We aim to process any requests for repairs, replacements or refunds 7 days of having received them. If we do not have a replacement in stock, there would be an 8-10 week build time.

(8) HOW TO RETURN PRODUCTS

• You may contact us to discuss a return using the details at the end of this Policy.
• We will pay any refunds in the same form as the original purchase or to the same account or credit card as was used to make the original purchase, unless otherwise determined in our sole discretion.
• You must provide proof of purchase in order to be eligible for a refund, repair or replacement.
• You may be required to present a government issued identification document in order to be eligible for a refund, repair or replacement.
• You may return products to the following address:
  Fenech Guitars
  7 Avalon Parade
  Miami QLD 4220

CONTACT US

If you wish to speak to us about this Policy or about any refund, repairs or replacements, you may contact us at: