Terms of service

THE GUITAR BAG®

TERMS AND CONDITIONS OF SALE

ORDERS AND PAYMENTS

Purchase Methods

1. The products offered for sale by The Guitar Bag® are solely those displayed on the website at the time of placing the Order, as described in their respective product information sheets.
2. It is understood that the images accompanying the product description are for informational purposes only and may not perfectly represent the product’s characteristics, differing for example in color and size (also depending on the browser and monitor used to access the Site and view the images).
3. To place an Order, the Customer must fill out the form available on the Site in its entirety and submit it after carefully reviewing the Conditions, as well as the characteristics of the product(s) they wish to purchase. The Customer must also request a tax invoice from The Guitar Bag®, if desired, in accordance with Article 22 of Presidential Decree no. 633/1972.
4. Proper receipt of the Order is confirmed via an email response sent to the email address provided by the Customer. This confirmation message will briefly summarize the purchase conditions, as required by applicable laws, as well as the data entered by the Customer, so that they can verify the information and promptly report any necessary corrections.

Prices and Payment Methods

1. Prices listed on the site include taxes and VAT. Any shipping costs or payment fees will be communicated to the Customer in advance through the site or these Conditions.
2. The following payment methods are accepted:

(i) PayPal
The customer may use the PayPal circuit according to its specific terms.

(ii) Credit Card
For purchases made with a Credit Card, the transaction may occur through the secure PayPal server or another secure server.
At no point during the payment process will The Guitar Bag® be able to access the Customer’s credit card information, which is transmitted via a secure connection directly to the banking institution handling the transaction. No data is stored on The Guitar Bag® systems, and therefore The Guitar Bag® cannot be held responsible for any fraudulent or improper use of credit cards by third parties.

(iii) KLARNA
KLARNA is a financial service allowing you to place an order and pay flexibly and securely either 30 days later or in 3 interest-free installments: the first installment at the time of purchase, the second and third 30 and 60 days later respectively. In the event of a return, the payment plan will be canceled and any installments already paid will be refunded.

3D Secure Credit Card Payment
European regulations are changing to make online credit card payments more secure. For any order placed after January 1, 2021, the system may require authentication through the 3D Secure process, which varies depending on the card used.

TERMS AND CONDITIONS OF SALE

Paid Products
Some of the Products offered on this Website are subject to a fee.
Prices, duration, and terms applicable to the sale of such Products are described below and in the relevant sections of this Website.

Product Description
Prices, descriptions, and availability of Products are specified in their respective sections and are subject to change without notice.
While Products are presented on this Website with the utmost accuracy, their representation (via graphics, images, colors, sounds, etc.) is for reference only and does not guarantee the exact characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase process.

Purchase Process

Every step from selecting the product to placing the order is part of the purchase process.
This includes:
• Users selecting the desired Product and reviewing their selection.
• After verifying the order details, Users may submit their order.

Order Submission

Submitting the order implies:
• Each submitted order is a purchase offer. Submission creates an obligation to pay the price, taxes, and any additional charges.
• If the Product requires active participation by the User (e.g., providing information or custom specifications), submission also constitutes a commitment to cooperate accordingly.
• After submission, Users receive a receipt. Unless otherwise stated, the receipt confirms receipt of the order but not acceptance.

Order Confirmation

• Unless explicitly stated otherwise, the purchase contract is concluded when the User receives an order acceptance notice.
• Acceptance is at the Owner's discretion and dependent on availability.
• If not accepted, the Owner will issue a refund.

Non-acceptance does not entitle the User to any claims or compensation.

All communications regarding the purchase process are sent to the email address provided.

Prices

Before submitting the order, Users are informed of all fees, taxes, and costs, including shipping.
Prices may include or exclude taxes and fees, depending on the section viewed.

Payment Methods

Accepted payment methods are listed during the purchase process.
Some methods may include additional terms or fees, which are detailed on the Website.
Payments handled directly by the Owner involve the collection and storage of necessary data for processing and legal compliance. For more information on data handling, refer to the Website’s privacy policy.
Other methods are provided by third parties, and the Website does not store payment data but receives notification upon successful transaction completion.
If a payment fails or is declined, the Owner is not obliged to fulfill the order, and the User bears any resulting fees.

Installment Payment

Purchase prices may be paid in two or more installments, according to Website terms or as otherwise communicated.
Certain Products may not be eligible for this option.

Future Payments via PayPal

If Users authorize PayPal’s future payment feature, the Website stores a code linked to their PayPal account to process future or installment payments automatically.
Authorization may be withdrawn at any time by contacting the Owner or changing PayPal settings.

Retention of Title

Ownership of Products is transferred only upon full payment.

Delivery

Deliveries are made to the address provided by the User and follow the method stated in the order summary.
Upon delivery, Users must inspect the package and promptly report any issues. They may refuse obviously damaged packages.
Delivery is available in countries specified on the Website.
Delivery times are indicated on the Website or during the purchase process.

Failed Delivery

The Owner is not liable for delivery errors due to incorrect or incomplete order information, nor for damage or delays once the parcel is handed to the courier if arranged by the User.
If delivery fails, the goods are returned to the Owner, who will contact the User for redelivery.
Unless otherwise stated, any redelivery from the second attempt onward is at the User’s expense.

PAYMENTS VIA KLARNA PLATFORM
Users paying in installments via KLARNA receive their order immediately and pay in three parts. They acknowledge that the installments are transferred to KLARNA, its affiliates, and assignees, and authorize this transfer.

USER RIGHTS

Right of Withdrawal
Unless an exception applies, Users may withdraw from the contract within a specified period (usually 14 days) for any reason without justification. Details are provided in this section.

Who May Exercise the Right of Withdrawal
European Consumers may withdraw from distance contracts, as they cannot see or test the Product beforehand.
Withdrawal releases both parties from contract obligations.
This Website grants the right of withdrawal to all Consumers, regardless of location.
Unless exceptions apply, Consumers may withdraw within the time limit without justification.
Non-qualifying Users do not have this right.

How to Exercise the Right

Users must send an unequivocal statement of their intent to withdraw to the Owner.
They may use the template form provided in the definitions section, or express intent in another suitable way.
To meet the deadline, the declaration must be sent before the withdrawal period ends.

When Does the Withdrawal Period End?

• For goods: 14 days after the User or a designated third party (not the courier) receives the goods.
• For multiple goods delivered separately: 14 days after the last item is received.

Effects of Withdrawal

The Owner refunds all payments received, including delivery costs, if applicable.
However, any extra costs for non-standard delivery are not refunded.
Refunds are issued promptly, within 14 days of notification of withdrawal, using the original payment method unless agreed otherwise.
There are no withdrawal-related charges.

…for Purchase of Physical Goods

Unless the Owner agrees to collect the items, the User must return them without delay, no later than 14 days after declaring withdrawal.
The deadline is met if the goods are handed over to the courier or authorized recipient before the 14 days expire.
The refund may be withheld until goods are received or proof of return is provided.
Users are liable for any loss in value due to handling beyond what’s necessary to determine the product's nature and functioning.
Return shipping costs are the User’s responsibility.

Exceptions to the Right of Withdrawal

There is no right of withdrawal for contracts involving:
• the supply of goods made to order or clearly personalized

Legal Guarantee of Product Conformity

According to European legislation, the seller guarantees the conformity of goods sold for a minimum period of 2 years from the time of delivery. Therefore, the seller must ensure that the purchased goods have the quality, functionality, or characteristics promised or reasonably expected for at least two years from delivery to the buyer.
If Users act as European Consumers, the legal guarantee of conformity applies to items available on this Website in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant such Users broader rights.
Consumers who are not acting as European Consumers may still enjoy conformity warranty rights under the laws of the country in which they usually reside.

Limitation of Liability and Indemnity

European Users

Indemnity
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, and employees from any claims or demands – including, without limitation, legal fees and expenses – made by any third party due to or in connection with negligent conduct such as use or connection to the service, breach of these Terms, infringement of third-party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners, and employees, to the extent permitted by law.

Limitation of Liability for User Activities on this Website
Users acknowledge and agree that the Owner merely provides the technical infrastructure and functionalities available on this Website.
The Owner does not act in any way as an intermediary, moderator, or promoter in interactions, agreements, or transactions between Users and therefore disclaims any responsibility for such interactions and any obligations of Users.

Unless otherwise specified and without prejudice to applicable laws on product liability, any claim for compensation against the Owner (or anyone acting on its behalf) is excluded.
This does not limit the Owner’s liability for death, personal or mental injury, damages arising from the breach of essential contractual obligations (those strictly necessary to achieve the purpose of the contract), or damage caused with intent or gross negligence, provided the Website has been used appropriately.
Unless damages are caused by willful misconduct or gross negligence or affect life and/or personal, physical, or mental integrity, the Owner is only liable to the extent of typical and foreseeable damage at the time of contract conclusion.
In particular, within these limits, the Owner assumes no liability for:

• any loss of profit or other indirect losses suffered by the User (e.g., business losses, loss of revenue, profits or anticipated savings, loss of business relationships, goodwill, or reputational damage);
• damages or losses due to disruptions or malfunctions of this Website caused by force majeure or unforeseen, unpredictable events beyond the Owner’s control (e.g., telephone or power line failures, internet outages, inaccessibility of websites, strikes, natural disasters, viruses, cyber-attacks, supply chain interruptions);
• losses not directly caused by a breach of the Terms by the Owner.

For Users not acting as Consumers:
If the Owner is found liable, compensation will not exceed the total amount paid or payable to the Owner by the User in the 12 months prior or for the entire duration of the agreement, whichever is shorter.

Australian Users

Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, indemnity, right, or protection the User may have under the Competition and Consumer Act 2010 (Cth) or similar state or territory laws that cannot be excluded, limited, or modified (non-excludable right).
To the maximum extent permitted by law, our liability to the User, including liability for breaching a non-excludable right, is limited, at the Owner’s discretion, to re-supplying the services or paying the cost of resupplying them.

U.S. Users

Disclaimer of Warranty
The Owner provides this Website "as is" and "as available." Use of the service is at the User’s own risk. To the maximum extent allowed by law, the Owner expressly disclaims all conditions, representations, and warranties of any kind – express, implied, statutory, or otherwise, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by the User from the Owner or through the service will create any warranty not expressly stated herein.
The Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees do not guarantee that:

• the content is accurate, reliable, or correct;
• the service will be uninterrupted or secure at any particular time or place;
• any defects or errors will be corrected;
• the service is free of viruses or other harmful components.

Any content downloaded through the service is done at the User’s own risk, and the User is solely responsible for any damage to their computer or mobile device or loss of data resulting from such download.
The Owner does not guarantee or endorse any third-party products or services advertised or offered through the service or linked websites. The Owner does not participate in or monitor any transactions between Users and third-party product/service providers.
The service may be unavailable or malfunction with the User’s browser, device, or operating system. The Owner shall not be liable for any perceived or actual damage resulting from content, operation, or use of the service.

Some jurisdictions do not allow the exclusion or limitation of certain implied warranties. These exclusions may not apply to Users. This agreement gives Users specific legal rights, and they may have other rights that vary by state.
The limitations and exclusions apply to the fullest extent permitted by law.

Limitation of Liability
To the maximum extent permitted by law, the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees shall not be liable for:

• any indirect, incidental, special, consequential, or exemplary damages (e.g., loss of profits, goodwill, use, data);
• damages resulting from hacking, tampering, or unauthorized access to the service or User account;
• errors or inaccuracies in content;
• personal injury or property damage resulting from access to or use of the service;
• unauthorized access to Owner’s secure servers or stored personal information;
• transmission interruptions or service cessation;
• bugs, viruses, trojans, etc.;
• errors or omissions in content or loss/damage resulting from content use;
• defamatory, offensive, or illegal conduct of any user or third party.

In no case shall the Owner’s liability exceed the amount paid by the User in the previous 12 months or the agreement’s duration, whichever is shorter.
This section applies to the fullest extent permitted by law, regardless of legal theory (contract, tort, strict liability, etc.).
Some jurisdictions do not allow exclusion or limitation of consequential damages. The above limitations may not apply.

Indemnity
The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees from any claims, damages, obligations, losses, liabilities, costs, or debts (including legal fees) arising from:

• use of the service, including transmitted or received data;
• breach of these Terms, including representations and warranties;
• violation of third-party rights, including privacy or IP rights;
• violation of any law or regulation;
• content submitted via the User’s account (including false/misleading info or unauthorized access by third parties);
• User’s intentional misconduct;
• any legal violations by User or their affiliates, officers, agents, co-brand owners, partners, suppliers, or employees.

General Provisions

No Waiver Implied
Failure to enforce rights under these Terms does not constitute a waiver. No waiver is considered definitive unless explicitly stated.

Service Interruptions
The Owner may suspend the Service for maintenance or changes, with adequate notice where possible.
The Owner may suspend or terminate the Service and will allow Users to retrieve personal data as required by law.
The Service may also be unavailable due to uncontrollable circumstances (e.g., strikes, outages, blackouts, etc.).

Resale of the Service
Users may not reproduce, duplicate, copy, sell, resell, or exploit this Website or Service without prior written consent from the Owner.

Privacy Policy

Information about personal data processing is available in this Website’s privacy policy.

Intellectual Property

Except where specifically stated otherwise, all intellectual and industrial property rights (e.g., copyrights, trademarks, patents, designs) related to this Website belong exclusively to the Owner or its licensors and are protected under applicable laws and treaties.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In such cases, the Owner will duly inform Users of the changes.
Modifications will affect the relationship with the User only going forward.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service. Non-acceptance of the updated Terms may entitle either party to withdraw from the Agreement.
The previously applicable version will continue to govern the relationship until accepted by the User. That version may be requested from the Owner.
If required by applicable law, the Owner will specify the date when the modified Terms will come into effect.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and obligations under these Terms, having regard for Users' legitimate interests.
The provisions relating to the modification of these Terms apply.
Users are not permitted to assign or transfer their rights or obligations under the Terms without the written consent of the Owner.

Contacts

All communications regarding the use of this Website must be sent to the contact details provided in this document.

Severability Clause

If any provision of these Terms is or becomes invalid or ineffective under applicable law, this shall not render the remaining provisions invalid or ineffective, which shall therefore remain valid and enforceable.

U.S. Users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective, and aligned with its original intent.
These Terms represent the entire agreement between the User and the Owner concerning the subject matter and override any other communication, including prior agreements, between the parties in relation to the subject matter.
These Terms will be enforced to the fullest extent permitted by law.

European Users

If any provision of these Terms is or becomes null, invalid, or ineffective, the parties shall seek to amicably find a valid and effective replacement provision.
If no agreement is reached, if permitted or required by applicable law, the null, invalid, or ineffective provision shall be replaced by applicable legal provisions.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms shall not nullify the entire Agreement unless the invalid provisions are essential or so significant that the parties would not have entered into the contract if they had known the provision was invalid, or if the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Governing Law

The Terms are governed by the laws of the place where the Owner is established, as stated in the relevant section of this document, regardless of conflict of law rules.

Exception for European Consumers

However, notwithstanding the above, if the User is acting as a European Consumer and has their habitual residence in a country with consumer protection laws that provide a higher level of protection, that higher level of protection shall prevail.

Jurisdiction

Exclusive jurisdiction for any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The above does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

Dispute Resolution

Amicable Settlement of Disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably.
Without prejudice to Users’ right to take legal action, in case of disputes related to the use of this Website or the Service, Users are encouraged to contact the Owner at the contact details provided in this document.
The User may file a complaint to the Owner's email address included in this document, with a brief description and, if applicable, order, purchase, or account details.
The Owner will process the request without undue delay and within 21 days of receipt.

Consumer Dispute Resolution Platform

The European Commission has established an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
As a result, any European Consumer or those located in Norway, Iceland, or Liechtenstein may use this platform to resolve disputes arising from online contracts. The platform is available [here].

Definitions and Legal References
This Website (or this Application)

The infrastructure that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Business User

Any User who does not meet the definition of Consumer.

European (or Europe)

Refers to a User who is physically present or legally based in the European Union, regardless of nationality.

Model Withdrawal Form

Addressed to:
The Guitar Bag®
Via del Vascello 13, 00152 Rome (Italy)
I/we hereby notify the withdrawal from my/our sales contract for the following goods/services:
_____________________________________________ (insert description of goods/services being withdrawn from)
• Ordered on: _____________________________________________ (insert date)
• Received on: _____________________________________________ (insert date)
• Name of consumer(s): _____________________________________________
• Address of consumer(s): _____________________________________________
• Date: _____________________________________________
(signature only if this form is submitted in paper form)

Owner (or We)

Refers to the natural or legal person who provides this Website and/or offers the Service to Users.

Product

A good or service available for purchase through this Website, such as a physical good, digital file, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.

Service

The service offered through this Website as described in the Terms and on the Website itself.

Terms

All provisions applicable to the use of this Website and/or the provision of the Service as described in this document and any other related document or agreement, in the most updated version.

User (or You)

Any natural person using this Website.

Consumer

Any natural person who, as a User, uses goods or services for personal purposes and generally acts outside their trade, business, craft, or profession.