Last updated: March 1, 2023
Introduction
Welcome to Fojill Guitar® Electric Guitar, Bass Guitar (the “Website” or “Site”). This Website provides information about our electric and bass guitars, guitar kits and accessories (collectively referred to as “Products”).
Please read these Terms and Conditions carefully before using our Website. By accessing or using this Website or purchasing our Products you agree to be bound by these Terms and Conditions and all applicable laws, regulations and product warranties. If you do not agree to all of these Terms and Conditions, do not access or use this Website.
These Terms and Conditions are subject to change by Fojill Guitar® (referred to as “us”, “we” or “our”) at any time, effective upon posting updated Terms and Conditions to the Website. It is your responsibility to review these Terms and Conditions periodically for updates. Your continued access or use of this Website signifies your acceptance of such changes.
Use of the Website
Permission to Use: We grant you a limited, revocable, non-exclusive, non-transferable license to access and make personal use of the Website. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, transfer, create derivative works from, or sell any information or content obtained from the Website.
Prohibited Conduct: You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website. You may not interfere or attempt to interfere with the proper functioning of the Website.
Accounts and Passwords: To purchase Products or utilize certain features of the Website, you may need to register for an account. You represent and warrant that any information provided when creating such an account is current, complete and accurate. You are solely responsible for protecting the confidentiality of your user name, password and other credentials.
User Content: If you submit, upload, transmit, perform, display or distribute any review, comment, suggestion or other content to the Website (“User Content”), you grant us the right to use such User Content for commercial purposes without any compensation or attribution to you. You represent and warrant that you have all rights necessary to grant us such use.
Third Party Content: The Website may contain links or connections to third party websites or services that are not operated by Fojill Guitar®. Accessing such third party services or content via our Website is done solely at your own risk. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any third party content.
Product Information
Limited Availability: The availability of Products on the Website is limited and Products may become unavailable. Actual colors may vary slightly from product images on the Website. All Product images should be considered illustrative only. We reserve the right to discontinue Products or modify Product designs and specifications without notice.
Product Pricing: All prices are shown in U.S. dollars and include any applicable sales tax. We make every effort to display accurate pricing information, however errors may occur. In the event of an error, we reserve the right to either cancel the order or contact you prior to fulfillment for instructions.
Sales Tax: We are required by law to collect applicable sales tax for orders shipped to addresses in certain states and countries. Taxes that are collected at checkout are estimates and may be adjusted if the actual sales tax rate applicable to your purchase differs from the estimate.
Placing Orders
Order Acceptance: All orders placed through the Website are offers that are subject to acceptance by us at our sole discretion. We reserve the right to refuse service without the requirement to assign reason.
Order Processing: Orders are processed and shipped Monday through Friday, excluding holidays. The processing time prior to shipment varies and depends on Product availability. You will receive an order confirmation email with your order number once the order is placed.
Shipping and Delivery: We will arrange for shipment of ordered Products to the shipping address you designate when placing your order. Please review shipping and delivery date information carefully. We are not liable for any shipping delays and cannot guarantee a specific delivery date.
Inspection and Returns: You may inspect Products for damage or defects and return any Product within 14 days of receipt if it materially differs from the Product description on the Website. To return a Product, please email customer service at [email protected] to obtain an RMA number. Return shipping costs are nonrefundable unless the Product is defective.
Risk of Loss: Risk of loss for shipped Products shall pass to you upon our transfer of the Products to the carrier. You are responsible for notifying us and filing any claims with the carrier regarding damaged, lost or stolen shipments.
Payment
Payment Methods: We accept Visa, MasterCard, American Express and PayPal. All credit card transactions are processed through secure payment gateways. We do not directly process or store your credit card number.
Authorization: By submitting an order, you authorize us to charge the order total to your selected payment method. If the payment method cannot be verified or authorized, we reserve the right to cancel the order.
Intellectual Property
Website Content: All content included on the Website is the property of Fojill Guitar® or used with permission from the content owner. The content may not be copied, distributed, republished, uploaded, posted or transmitted without the prior written consent of Fojill Guitar® or the content owner. Modification or use of the content for any other purpose may violate the copyright and other intellectual property rights of Fojill Guitar® or the content owner.
Trademarks: All Fojill Guitar® graphics, logos, designs and trademarks appearing on the Website are trademarks owned by or licensed to Fojill Guitar® and may not be copied, downloaded or used without permission.
Disclaimers and Limitation of Liability
Disclaimers: YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE WEBSITE. WE MAKE NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU ON THE WEBSITE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS ON THE WEBSITE WILL BE CORRECTED. NO ADVICE, INFORMATION OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING A WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL WE OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO YOUR ACCESS AND USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO ACCESS AND USE THE WEBSITE.
Indemnification
You agree to fully indemnify, defend and hold harmless Fojill Guitar® and our subsidiaries, affiliates, partners, officers, directors, agents, and employees from any claim, damage, loss or demand arising out of or relating to:
- Your use of or reliance on the Website;
- Your User Content;
- Your violation of these Terms and Conditions;
- Your violation of any rights of a third party.
Privacy
Please review our Privacy Policy for information about how we collect, use and disclose information about you.
Changes to the Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time by posting the revised Terms and Conditions to the Website. Your continued use of this Website after any changes are implemented constitutes your acceptance of the new Terms and Conditions.
Contact Us
Please contact us at [email protected] with any questions regarding these Terms and Conditions.
Governing Law
These Terms and Conditions shall be governed under the laws of the State of California without regard to conflict of law principles. Any legal proceedings arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction and venue of the California state courts in San Francisco County, California. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision. If any provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Fojill Guitar® with respect to your access and use of the Website.
