Merchandise & Accessories Returns and Refund Policy

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At a glance

For eligible standard merchandise and accessories bought online, consumers generally have 14 calendar days from delivery to tell us they wish to withdraw. The detailed conditions are set out below.

For eligible products purchased through the FB Guitars online shop, consumers generally have 14 calendar days from receipt of the goods to tell us that they wish to withdraw from the purchase.

Returned merchandise must be handled only to the extent reasonably necessary to inspect the product, determine its characteristics or check sizing.

Clothing may be carefully tried on for size and fit, but should not be worn beyond what would reasonably be permitted when trying an item in a physical shop.

Accessories may be inspected and, where reasonably necessary, tested sufficiently to establish their nature, characteristics and functioning, but should not be put into ordinary use before being returned.

Products that have been used, worn, washed, damaged, altered, contaminated or otherwise handled beyond what is reasonably necessary may be subject to a deduction for diminished value in accordance with applicable law.

Certain products, including clearly personalised goods and qualifying sealed goods that cannot be returned for health protection or hygiene reasons after being unsealed, may be excluded from the ordinary right of withdrawal.

Nothing in this Policy limits any mandatory consumer right relating to goods that are faulty, damaged, unsafe, misdescribed or otherwise not in conformity with the contract.

1. Scope

This Policy applies to standard merchandise and accessories purchased directly from FB Guitars Ltd through the FB Guitars online shop.

This may include products such as:

• T-shirts and other clothing
• hats and similar merchandise
• straps
• picks and pick related products
• bags or cases
• guitar accessories
• branded merchandise; and
• other standard products offered through the FB Guitars online shop

This Policy does not apply to custom guitars or other goods made to an individual customer’s specifications or clearly personalised for that customer.

Custom instruments are governed by the FB Guitars Custom Guitar Payment, Cancellation and Refund Policy.

2. Your statutory right of withdrawal

Where the statutory right of withdrawal applies to an online purchase, a consumer may withdraw from the contract without giving a reason within 14 calendar days.

For a normal order containing a single delivery, the withdrawal period begins when the consumer, or a third party nominated by the consumer other than the carrier, acquires physical possession of the goods.

Where an order is delivered in separate shipments, the applicable statutory rules determine when the withdrawal period begins.

To exercise the right of withdrawal, the customer must communicate a clear decision to withdraw before the applicable 14 day period expires.

The customer does not need to provide a reason for exercising a statutory right of withdrawal.

3. How to request a return

Before returning goods, customers should contact:

info@fbguitars.com

The request should include:

• the customer’s name
• the order number
• the product or products being returned; and
• a clear statement that the customer wishes to withdraw from the purchase

Where appropriate, FB Guitars may provide return instructions and a return reference.

Customers should not return merchandise to a manufacturing partner, supplier or other address unless specifically instructed by FB Guitars.

The customer’s statutory right is not dependent upon use of a particular wording, provided that the decision to withdraw is communicated clearly and within the applicable period.

4. Time allowed to send the goods back

After communicating a valid withdrawal, the customer must return the relevant goods without undue delay and in any event no later than 14 calendar days from the date on which the withdrawal was communicated.

The return deadline is met where the goods are sent before the expiry of that 14 day period.

For clarity, this normally creates two separate periods:

• up to 14 days after receipt to communicate the decision to withdraw; and
• up to a further 14 days after communicating that decision to send the goods back

Customers are encouraged to return goods promptly so that the return and refund can be completed efficiently.

5. Clothing and apparel

FB Guitars provides or intends to provide appropriate sizing information to assist customers in selecting the correct size before purchasing clothing.

Customers are strongly encouraged to consult the applicable size guide before placing an order.

During the withdrawal period, clothing may be carefully tried on only to the extent reasonably necessary to determine size, fit, appearance and characteristics.

Trying on an item does not mean using it as ordinary clothing.

Clothing intended for return should therefore remain:

• unworn except for reasonable fitting
• unwashed
• unaltered
• undamaged
• free from stains
• free from excessive odours, including smoke, perfume or perspiration
• free from contamination, excessive pet hair or other material
• with original labels, tags and packaging where these have not needed to be removed in order reasonably to inspect the product; and
• otherwise in a condition consistent with reasonable inspection rather than ordinary use

If clothing has been handled or used beyond what is reasonably necessary to establish its nature, characteristics, size or fit, FB Guitars may make an appropriate deduction from the refund to reflect any resulting diminished value.

Depending on the extent of the use and the resulting loss in commercial value, that deduction may be substantial.

Nothing in this section removes a mandatory right relating to clothing that is faulty, damaged, unsafe, misdescribed or otherwise not in conformity with the contract.

6. Health protection and hygiene sensitive goods

Certain goods may be supplied sealed where the nature of the product means that, for genuine health protection or hygiene reasons, it would not be suitable for return after the seal has been broken.

Where the statutory conditions for this exception are satisfied, the ordinary right of withdrawal ceases once the customer unseals the product after delivery.

Any product to which this exception applies should be identified appropriately before purchase or supplied in a manner that makes the relevant seal and condition clear.

FB Guitars will not rely upon the hygiene exception merely because an ordinary product has been removed from standard retail packaging.

The exception will be applied only where the nature and condition of the product reasonably bring it within the applicable legal requirements.

7. Accessories

Accessories may be inspected to determine their nature, characteristics and suitability.

Where necessary, a customer may perform the limited handling reasonably required to establish how an accessory functions.

However, the statutory withdrawal period is not intended to provide a period of free ordinary use.

Accessories intended for return should therefore be returned, where reasonably possible:

• complete
• clean
• undamaged
• unaltered
• without unnecessary installation marks or wear
• with all supplied components
• with manuals or documentation supplied with the product; and
• with original packaging where reasonably available

Where an accessory has been installed, used, worn, damaged or otherwise handled beyond what is reasonably necessary to determine its nature, characteristics and functioning, FB Guitars may reduce the refund to reflect the resulting diminished value.

Examples may include significant wear, scratches, contamination, modification, missing components or other deterioration caused after delivery.

8. Packaging, labels and tags

Customers should retain product packaging, labels, tags and supplied accessories until they are satisfied that they intend to keep the product.

Removal of packaging alone does not automatically remove a statutory withdrawal right unless a specific legal exception applies.

However, missing or damaged packaging, tags, components or accessories may be taken into consideration where their loss or condition results from handling beyond what was reasonably necessary and causes a demonstrable reduction in the value of the returned product.

Tags that do not need to be removed to try on clothing should therefore remain attached until the customer has decided to keep the item.

9. Personalised and made to order merchandise

The ordinary statutory right of withdrawal may not apply to goods that are made to the customer’s specifications or are clearly personalised.

This may include, depending on the individual product:

• merchandise printed specifically for an individual customer
• products carrying a customer’s name
• products incorporating a customer supplied design
• individually engraved accessories; or
• another product manufactured or materially altered specifically for that customer

Where a product is excluded from the ordinary right of withdrawal because it is clearly personalised or made to the customer’s specifications, this will not remove any mandatory rights where the product is faulty or does not conform to the agreed specification.

10. Return shipping costs

Unless FB Guitars expressly agrees otherwise, the customer is responsible for the direct cost of returning goods following a change of mind or exercise of the ordinary statutory right of withdrawal.

Customers should use a suitable return method and package goods appropriately to prevent damage during transport.

Where appropriate to the value of the goods, we recommend using a tracked service and retaining proof of dispatch.

FB Guitars is not responsible for choosing the customer’s return carrier.

Where the law requires FB Guitars to bear a particular return cost, the applicable mandatory rule will prevail.

11. Condition during return transport

Customers are responsible for taking reasonable care when preparing goods for return.

Products should be securely packaged so that they are adequately protected during transport.

FB Guitars may assess damage, missing components or other loss of value that is attributable to the customer’s handling or inadequate return packaging, subject to applicable consumer law.

12. Inspection of returned goods

Returned goods may be inspected after receipt.

The inspection may consider, where relevant:

• signs of wear or use
• washing
• stains or contamination
• odours
• scratches or physical damage
• installation marks
• modification
• removed or damaged parts
• missing accessories or components
• packaging
• labels and tags
• serial numbers
• security or hygiene seals; and
• any other factor reasonably affecting the condition and commercial value of the product

The purpose of this inspection is not to prevent lawful returns.

It is to determine whether the goods have been handled beyond what was reasonably necessary and whether any diminished value has resulted.

13. Diminished value

A customer exercising a statutory right of withdrawal is responsible for any diminished value resulting from handling the goods beyond what is necessary to establish their nature, characteristics and functioning, where this liability applies under law.

Any deduction made by FB Guitars will therefore seek to reflect the actual reduction in value caused by excessive handling or use rather than operate as an automatic penalty or fixed restocking fee.

Depending upon the circumstances, examples of diminished value may include:

• clothing that shows evidence of actual wear rather than fitting
• washed clothing
• staining or contamination
• strong odours
• damaged or altered products
• accessories showing material use or installation wear
• missing parts
• missing supplied accessories
• modifications
• cosmetic deterioration caused after delivery; or
• another condition materially affecting the ability to resell the product as new

Where excessive use has caused a very significant loss in commercial value, the resulting deduction may reflect that substantial loss, subject always to applicable law.

14. Refunds

Where a valid statutory withdrawal is exercised, FB Guitars will reimburse the payments required by applicable consumer law.

This normally includes the purchase price of the returned goods and, where required, the cost of the least expensive standard delivery option offered for the original order.

Where the customer selected a more expensive delivery service, such as express or premium delivery, FB Guitars is not required to refund the additional cost above the least expensive standard delivery option where the law permits this.

Refunds will normally be made using the same payment method used for the original transaction unless another method is expressly agreed and legally permitted.

FB Guitars may withhold reimbursement until:

• the returned goods have been received; or
• the customer provides evidence that the goods have been sent back,

whichever occurs first where applicable under consumer law.

Any lawful deduction for diminished value may be applied before the final refund is issued.

15. Original shipping charges

Where a customer validly withdraws from an entire eligible online order, the original standard delivery charge will be refunded where required by applicable law.

If the customer selected a delivery method that was more expensive than the least expensive standard delivery option offered by FB Guitars, the additional delivery cost does not have to be refunded where permitted by law.

Where only part of a multi-item order is returned, the treatment of the original delivery charge will depend upon the circumstances and applicable law.

16. Exchanges and incorrect sizing

Unless FB Guitars expressly offers an exchange service for a particular product or territory, an exchange is not automatically provided instead of a return.

Where a customer has ordered an incorrect clothing size and the statutory withdrawal right remains available, the customer may return the eligible item in accordance with this Policy and place a new order for the required size.

This arrangement helps ensure accurate stock control and avoids reserving replacement inventory before the returned item has been assessed.

Customers are strongly encouraged to consult the published size guide before ordering.

17. Faulty, damaged or incorrect goods

The statutory right of withdrawal for a change of mind is separate from the customer’s rights where goods are faulty, damaged, unsafe, misdescribed, incorrectly supplied or otherwise not in conformity with the contract.

If an item arrives damaged, faulty or incorrect, the customer should contact:

info@fbguitars.com

The message should include the order number and a description of the issue.

Photographs may be requested where they reasonably assist FB Guitars in assessing damage, an incorrect product or a manufacturing defect.

Nothing in this Policy limits any mandatory legal guarantee or remedy.

Depending on the circumstances and applicable law, remedies may include repair, replacement, price reduction, reimbursement, termination or another statutory remedy.

18. Damage caused after delivery

A statutory remedy for a faulty or non-conforming product does not cover damage caused by matters such as:

• misuse
• accidents
• improper installation
• modification
• abnormal wear
• neglect
• inappropriate cleaning
• failure to follow reasonable care instructions; or
• damage otherwise caused after delivery by the customer or another person

This does not affect any separate commercial warranty where its terms provide additional protection.

19. Incorrect items supplied by FB Guitars

If FB Guitars supplies a product different from the item ordered, the customer should contact us promptly.

Where FB Guitars is responsible for the incorrect supply, we will arrange the appropriate remedy in accordance with applicable law and will not require the customer to bear a return cost that FB Guitars is legally responsible for.

20. Refused or uncollected deliveries

Failure to accept or collect a parcel does not necessarily constitute a valid exercise of the statutory right of withdrawal.

Customers wishing to withdraw should communicate that decision clearly to FB Guitars.

Where a parcel is returned because the customer supplied an incorrect address, refused delivery, failed to collect the parcel or otherwise caused an unsuccessful delivery, FB Guitars may recover costs that it is legally entitled to recover.

This provision does not affect circumstances where the refusal is justified because the parcel or goods were materially damaged or where another mandatory consumer right applies.

21. Business purchases

Mandatory consumer withdrawal rights generally apply to consumers rather than customers purchasing wholly for business or professional purposes.

Where merchandise or accessories are purchased by a business, reseller, distributor or other professional customer, return rights will be determined by the applicable contract, quotation, commercial terms or any separate written agreement with FB Guitars.

FB Guitars may agree to a business return at its discretion, but such acceptance does not create a general consumer style return right for commercial transactions.

22. Goods purchased outside the European Union

FB Guitars may sell merchandise and accessories to customers outside the European Union where legally and operationally possible.

Consumer rights can differ between jurisdictions.

Nothing in this Policy removes a mandatory consumer right that applies to a customer under law that cannot lawfully be excluded.

Where a particular destination grants mandatory protections exceeding the contractual terms stated here, those mandatory protections will apply to the extent required by law.

23. Customs duties and import charges on returns

For orders delivered outside Malta or outside the European Union, the customer may have paid import VAT, customs duties, brokerage charges or other destination charges directly to authorities, carriers or customs agents.

Unless FB Guitars itself collected such amounts and is legally responsible for refunding them, FB Guitars cannot normally refund charges paid directly to a third party.

Customers may need to contact their customs or taxation authority regarding any possibility of recovering import charges following a return.

Customers returning goods internationally should follow the return instructions supplied by FB Guitars and should correctly identify the shipment as returned merchandise where appropriate.

FB Guitars will not be responsible for additional customs charges caused by inaccurate return documentation supplied by the customer.

24. Products bought from another retailer

This Policy applies only to merchandise and accessories purchased directly from FB Guitars Ltd.

Products purchased from an authorised retailer, distributor or other third party are normally subject to that seller’s return procedure and applicable consumer law.

Nothing in this section affects any manufacturer warranty or other right that applies independently of the original seller.

25. No unauthorised returns

Customers should contact FB Guitars before sending a return so that the appropriate return address and instructions can be provided.

Goods should not be sent to an FB Guitars manufacturing partner, supplier, registered office or another address unless FB Guitars has expressly directed the customer to use that address.

This administrative requirement does not remove a statutory right where the customer has otherwise validly exercised that right within the required period.

26. Mandatory consumer rights remain

Nothing in this Policy excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified.

In particular, this Policy does not remove remedies where:

• goods are not delivered
• goods arrive damaged
• goods are faulty or unsafe
• goods are misdescribed
• incorrect goods are supplied
• goods do not conform to the contract; or
• applicable law requires repair, replacement, a price reduction, termination, reimbursement or another remedy

Any commercial guarantee or warranty offered by FB Guitars is additional to mandatory legal rights.

27. Contact and applicable law

Return requests, withdrawal notices and questions concerning merchandise or accessories should be sent to:

info@fbguitars.com

Customers should include their name and order reference wherever possible.

This Policy is governed by Maltese law.

A consumer retains any mandatory consumer protection that applies under applicable law.

FB Guitars Ltd

Malta

www.fbguitars.com