PRIVACY STATEMENT
With the following data protection declaration, we comply with our legal information and obligations to instruct. Here you will find information all about data protection guidelines in connection with True Temperament AB and our webshop.
I. We use the data you provide (address, name, address, e-mail address, telephone number, fax number, credit card data) in accordance with the provisions of the Swedish Data Protection Act.
II. We use the data you have provided to fulfill and process your order. For the fulfillment of the contract, we will pass on your data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of ordered goods. In order to process payments, we will pass on the necessary payment data to the credit institution commissioned with the payment and, if applicable, payment service providers commissioned by us, or to the payment service selected by you in the ordering process.
III. When registering for the newsletter, we store your e-mail address for the purpose of advertising and market research. It is possible to unsubscribe from the newsletter at any time.
IV. Under the Swedish Data Protection Act you have a right to free information about your stored data as well as a right to rectification, blocking or deletion of this data. If you require further information or the deletion of your data, our data protection officer Martin Wallenberg is at your disposal.
V. This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’), and Google Certified Dealers, a Google Consumer Protection Program (‘Google’). Google Analytics and Google Certified Dealers use so-called ‘cookies’, text files that are stored on your computer, which allow them to analys the use of the website by you, and to show the Google certified dealer program logos. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. However, in the case of the activation of the IP anonymisation on this website, your IP address will be previously abridged by Google within the Member States of the European Union or in other states parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the US and abbreviated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website usage and internet usage against the website operator. The IP address provided by your browser as part of Google Analytics will not be merged with other Google data. You can prevent cookies from being saved by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to fully utilize all the functions of this website.
In addition, you can prevent Google from collecting and processing the data (including your IP address) related to your use of the website (including your IP address), as well as the processing of this data by Google by downloading the browser plug-in available to install at the following link: tools.google.com/dlpage/gaoptout
VI. On various pages we use cookies to make the visit of our website attractive and to enable the use of certain functions. These are small text files, which are stored on your computer. Most of the cookies we use will be deleted from your hard disk after the end of the browser session (so-called session cookies). Other cookies will remain on your computer and allow us to recognize your computer on your next visit (so-called persistent cookies). These cookies are used to welcome you with your username and you will not be required to enter your password again or fill out forms with your data. Our partner company is not allowed to collect, process or use personal data via cookies.
VII. Use of Facebook and Instagram Social Plugins
On our website so-called social plugins (“plugins”) of the social networks Facebook and Instagram are used, which of the Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, is operated. The plugins are marked with a Facebook or Instagram logo or the addition “Social plug-in of Facebook” or “Social plug-in of Instagram”. An overview of the Facebook and Instagram plugins and their appearance can be found here: developers.facebook.com/docs/plugins If you call up a page of our website that contains such a plugin, your browser makes a direct connection to the servers of Facebook. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the page. Through this integration, Facebook is given the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook or Instagram profile or are not logged into Facebook or Instagram. This information (including your IP address) is sent directly from your browser to a Facebook server and stored there.
If you are logged into Facebook or Instagram, Facebook can directly assign our website to your Facebook or Intsgram profile. If you interact with the plugins, for example, press the “Like” button or make a comment, this information is also sent directly to a Facebook server and stored there. The information is also published to your Facebook or Instagram profile and displayed to your Facebook or Instagram friends.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and settings for the protection of your privacy can be found in the privacy policy of Facebook: www.facebook.com/policy.php and of Instagram: https://help.instagram.com. If you do not want Facebook or Instagram to map the data collected through our website directly to your Facebook or instagram profile, you must log out of Facebook or Instagram before you visit our website. You can also completely prevent the loading of Facebook plugins with add-ons for your browser, e.g. with the “Facebook Blocker” or the ”Instagram Blocker”.
VIII. Using YouTube Plugins (embedded Videos)
On our website, videos from the video portal YouTube are embedded, a company of Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA). When you play a video, it connects to the Google or YouTube servers. This is transmitted to these servers, which of our internet pages you have visited. If you are logged into YouTube as a member, YouTube assigns this information to your personal user account. The purpose and scope of the data collection and the further processing and use of the data by Google or YouTube, as well as your rights and settings for the protection of your privacy, please refer to Google’s privacy policy: www.google.com/intl/en/policies/privacy/ If you do not want Google or YouTube to map the data collected through our website directly to your profile with another Google service, you can also completely prevent Google Plugins from being loaded with add-ons for your browser, such as the script blocker “NoScript” (http://noscript.net/).
IX. If we receive your e-mail address in connection with the sale of a product or service and you have not objected to it, we reserve the right to send you regular offers on similar products, such as the one already purchased, from our product range. You may object to this use of your e-mail address via a link provided in the e-mail, without incurring charges other than the transmission costs after the base rates.
GENERAL TERMS AND CONDITONS “GTC”
IN GENERAL
Our general terms and conditions shall apply to business relationships of any kind between:
Company: True Temperament AB
Company address: Stigbergsliden 5
414 63 Gothenburg
Sweden
Email: info@truetemperament.com
VAT Registration number: SE556706752401
Shipping to and from location (logistics):
Faktorsgatan 3, 46 37 Trollhättan, Sweden
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 products 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 binding offer, 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 “place order” for all items in the shopping cart. Before delivery, we enable the customer to review and, if necessary, correct the order regarding its regularity 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.
True Temperament 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 customers) via email. The customer can, if he is registered, access and view the customer login area.
DELIVERY
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 EUR.
Deliveries to all Non-EU countries are subject to additional customs, duties and taxes payable directly to DHL (or other appointed carriers) upon delivery. All pricing to Non-EU countries are charges in $ (US$).
True Temperament 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.
All shipping fees is charged according to our price list and calculated automatically in our cart or checkout. International shipping fees are also manually available here.
For inquiries for purchasing True Temperament in countries not listed on above list, please send an e-mail to: sales@truetemperament.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 – TRUE TEMPERAMENT 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 True Temperament 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).
True Temperament do not offer exchanges, product returns or refunds for Non-EU customers. Non-EU customers are responsible for shipping costs, import duty, customs and taxes. The risk of loss and title to such products pass to the Non-EU-customers upon our delivery of such products to the shipping carrier. Shipping damages for Non-EU customer 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 a EU-consumer 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. True Temperament 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. True Temperament 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.
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:
Address: Stigbergsliden 5
S-414 63 Gothenburg
Sweden
Email : info@truetemperament.com
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
True Temperament warrants its products to be free from defects in materials and workmanship for two (2) years (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 www.truetemperamentshop.com is subject to the limitations set forth herein.
Warranty works can only be executed by an authorized True Temperament Service Point. To receive warranty service, return the complete instrument to an authorized True Temperament Service Point, 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 True Temperaments’ discretion without charge. If the qualified component is not repaired, True Temperament may, at its sole discretion, either replace with a comparable product or refund the purchase price. Remedies beyond normal service repair of any True Temperament product require both an evaluation and confirmation of the defect and a direct recommendation to True Temperament from an authorized True Temperament Service Point for alternative considerations.
All transportation and insurance charges and were applicable (outside of the EU) customs, duty and taxes charges associated with warranty service and repairs on True Temperament 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
• Damage or defects due to alteration, misuse, abuse
• Accidental or intentional damage
• Damage in shipping
• Damage of wood due to changes in temperature or humidity.
• Any damage to the neck resulting from customization or modification.
• Normal wear
• Any neck purchased from anyone other than True Temperament or authorized True Temperament dealer.
• Necks that have been serviced by unauthorized persons (any person other than an authorized True Temperament Service Point).
The foregoing constitutes the only warranty made by True Temperament with respect to the products and is made expressly in lieu of all other warranties express or implied.
Please retain your original invoice/sales receipt. It is your proof of purchase validating this limited warranty.
LIMITED WARRANTY RETURN PROCEDURES
Important
To obtain warranty service, the neck must be returned to an authorized True Temperament Service Point 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.
Address: Stigbergsliden 5
S-414 63 Gothenburg
Sweden
Email : info@truetemperament.com
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. True Temperament cannot accept responsibility for any shipping damages.
The consumer is responsible for all shipping and insurance costs (both ways). In case the next Service Point 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 TRUE TEMPERAMENT PRODUCT
Cold Weather Precautions
Guard your True Temperament 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 True Temperament 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, Swedish 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 Gothenburg, Sweden. True Temperament 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.
Closing provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.
