Terms and Conditions

Apr 7, 2017

We at Elly Guitar Company (“Elly”) are committed to providing our customers with a world-class shopping experience. You can find information regarding store policies and services below. To contact us directly, feel free to call or email us and we will be glad to help.

RETURNS

Subject to the terms contained in this agreement, our return policy lasts 30 days from delivery. If less than 30 days have gone by since you received your eligible product, you may request a return. If more than 30 days have gone by since you have received your product you, are no longer eligible to request a return.

PRODUCTS ELIGIBLE FOR RETURN

  1. Elly Guitar Co. Branded Merchandise (excluding items exempt from return): Must be in their original condition with no signs of signs of wear, damage, dinging, or scrapping. The returned product must include all original packaging, manuals, warranties, accessories, etc. (if applicable).
  2. Pre-Configured (stock-model) Guitars: Stock Model Guitars are eligible for return provided:
    1. There is no damage to the instrument; and
    2. Labels are in the same state that they were in when received.
  3. Artist Program Instruments are eligible for a partial refund: since each instrument is already steeply discounted, the refund price will be 40% of the purchase price.

PRODUCTS THAT ARE EXEMPT FROM RETURN

The following products are non-refundable:

  • Food or Beverage Containers
  • Guitar Picks
  • Guitar Strings
  • Personalized Products that have inscriptions
  • Gift Cards
  • Blemish instruments (instruments with cosmetic faults)
  • Custom Shop Orders (described in greater detail below)
  • Take-Over Builds (custom instrument abandoned by its original instrument commissioner and adopted by a subsequent Customer)
  • Change-Orders (Customer commissioned instrument that is removed from production)
  • Any instruments with custom configurations
  • Upgrades or modifications to orders already in production

CUSTOM SHOP ORDERS

Because each order is custom made specifically for you, we cannot offer full refunds on any custom-made items after they are placed. The initial deposit, partial payments, shipping insurance, and cost of labor and production required to build the instrument are non-refundable. In addition, if we have already started work on your custom instrument, you will be assessed an additional cancellation fee of $250. Please contact us directly if you need to cancel your custom order.

Delivery times listed on our website are estimates only and must be extended for a period equal to the time lost by reason of any of the Excusable Delays, as defined below. Please keep in mind that we individually hand craft each custom order. Elly is not liable or responsible for delay or failure to perform and make delivery of your product occasioned by: (i) any cause beyond its reasonable control, including production delays and backlogs, unforeseen custom order complications, labor dispute, industry disturbance, fires, unusually severe weather conditions, earthquakes, floods, declared or undeclared war, epidemics, computer malfunctions, civil unrest, riots, lack of supplies, delays in transportation, government, regulatory or legal action, act of God, or (ii) by acts or omissions of customer, including customer’s failure to promptly comply with the terms of payment or the terms contained in this agreement (“Excusable Delays”). Delays in production and shipping are not a basis for canceling your order. We will make every effort to ensure that your order arrives to you as soon as possible. Under no circumstances will we be responsible for any consequential, indirect, special, punitive, or enhanced compensatory damages for any reason including from order completion or shipping delays.

Please note that the wood on the final instrument may vary with respect to color and grain to samples or that pictured on our website.

COMMUNICATION

Some custom builds require ongoing communications with you in order to finalize certain features of your instrument. The customer is responsible for keeping his or her current contact information on file and to notify us of any changes. If our staff should try to contact you using the contact information provided and 14 days pass without a response, we reserve the right to stop work and cancel your order. At such time and at your expense, we will contact you to determine a mailing address to ship your uncompleted instrument. If you do not provide a mailing address within 7 days to our request or reject shipment of your instrument, we will deem the instrument abandoned property. In the event an instrument is abandoned, we may, at our sole discretion, sell, scrap, donate, dispose, or otherwise liquidate the property as we deem fit without incurring any liability. Any proceeds realized through the resale of the instrument shall not be credited to the customer.

For order related inquiries, the customer must contact Elly by phone, email, or the website’s contact form, linked below. Elly will not recognize unofficial forms of communication through social media such as Facebook or Twitter.

In the event that the build of the guitar is halted as a result of delayed customer communications, we may, at our sole discretion, assess a storage fee of 1.2% the total purchase price of the order for each calendar day. Payment of storage fees will not be deemed a credit towards the outstanding balance of your custom instrument. We reserve the right to collect any unpaid storage fees or balances owed on the instrument, plus reasonable attorney fees and any other costs or expenses incurred while enforcing this agreement.

Furthermore, in the event that a customer expresses insecurity as to whether to cancel his or her custom order, Elly may place the customer’s order on hold, take the instrument out of production, and/or place the instrument into storage. Under such circumstances, Elly will attempt to reach out by phone or email using the customer’s contact information on file and ask for assurances that the customer wishes to continue the order. In absence of an affirmative response within 3 business days assuring us that the customer wants to proceed with the order, Elly will conclusively deem the customer’s silence as the affirmative assent by the customer to cancel the order, and the customer’s order will be canceled accordingly.

SHIPPING

All returns require our prior authorization. Please contact us by email or phone for step-by-step return instructions. Any returns that are sent to us without prior authorization will be rejected and shipped back to you at your expense.

After contacting us, please mail your product to:

The Elly Guitar Co.
Attn: Returns/Exchanges
614 Nashua St.
#155
Milford, NH 03055
United States

You will be responsible for paying all shipping costs related to your item. All shipping costs are non-refundable, including any shipping insurance, and any payments of shipping costs will not be credited towards the outstanding balance of your custom instrument. If you receive a refund, the cost of shipping will be deducted from your refund. All returns must be sent using a track-able label. We are not responsible for any loss or damage incurred during shipping.

DAMAGED GOODS

To complete a return for damaged items, you must email photographs of the instrument and any damage sustained, as well as photographs of the return packaging prior to shipping it back to us.

Each instrument that is returned will be inspected for damage before being approved. For items that are defective based on our error, we will issue you a full refund less return shipping costs. For items damaged after leaving our workshop, your instrument will have a reduced refund value. This value is assessed based on the specific details of the instrument. We will notify you of any reduced refund value before any return is approved. If the instrument is found to have been damaged and a reduced refund value has been assigned that you do not agree with, the instrument may be returned to you at your expense. You will be invoiced for the return shipping before the instrument is shipped back to you. If the return shipping is not paid within 90 days of notice or the client does not respond or reply to requests made by us in that time-frame, we will deem the instrument to have been abandoned.

REFUNDS (IF APPLICABLE)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund or if any partial refund is warranted. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 10 business days. If you have not received a refund after this period, first contact your credit card or bank account provider. It may take some time after your refund is issued before it is officially posted to your statement. If you have checked with your respective provider and have still not received your refund, please contact us at: https://ellyguitars.com/contact

We want all customers to buy from Elly with confidence and we want to bring great service and value to our customers. However, the Company reserves to right to reject or deny refunds to customers who clearly misuse or abuse our return policy.

EXCHANGES (IF APPLICABLE)

Exchanges are available on most clothing and hats. Please contact us and we will be happy to assist you.

LIMITED WARRANTY

We warrant that Elly-branded products will meet the specifications. THE FOREGOING NOTWITHSTANDING, ELLY IS NOT LIABLE FOR NORMAL MANUFACTURING DEFECTS OR FOR CUSTOMARY VARIATIONS FROM QUANTITIES OR SPECIFICATIONS. UNLESS EXPRESSLY STATED, ELLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER ARISING BY IMPLICATION OR BY OPERATION OF LAW) WITH RESPECT TO ELLY PRODUCTS, INCLUDING ANY WARRANTIES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER. At our sole discretion, Elly may replace, repair, or refund merchandise, but such act shall not constitute a waiver of the warranties disclaimed in the preceding sentence. Replacement time may vary depending on inventory availability or shipping destination. Our warranty is extended to the original purchaser only and may not be transferred or assigned to subsequent owners. IN NO EVENT IS ELLY RESPONSIBLE TO CUSTOMER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ALL DIRECT AND INDIRECT LOST PROFITS, REGARDLESS OF WHETHER THOSE DAMAGES WERE FORESEEABLE.

This warranty does not apply to: (1) products manufactured by a third party; (2) “finish checking,” where cracks in the finish are caused by rapid changes in temperature or humidity; (3) “stand damage,” where finish discoloration is caused by reactions with the rubber used on guitar stands; (4) hardware tarnish; (5) cosmetic damage, including scratches, dents and broken pieces; (6) damage caused by use with a third party component or product; (7) damage caused by accident, abuse, misuse, fire, liquid contact, or other external cause; (8) damage caused by service performed by any third party; (9) any product that has been modified or altered; (10) defects caused by normal wear and tear; (11) damage caused by improper storage or handling; (12) damage occurring after the delivery of the product; (13) defects not reported to Elly within 30-days after delivery; or (14) if such defect should have been discovered by customer in customer’s inspection and it is not reported within ten days after the product’s arrival at the destination.

All warranties provided in this agreement must be registered within 14 days of delivery by the original purchaser. Return of a legible copy of the warranty registration along with proof of purchase is a condition precedent to any warranty coverage. The original purchaser may register its warranty at: https://ellyguitars.com/warranty-registration/

LITIGATION COSTS AND EXPENSES

If any party institutes any legal suit, action, or proceeding against the other party in any way relating to a transaction through, by or with Elly Guitars or any of its affiliates, including contract, equity, tort, fraud, and statutory claims, the prevailing party is entitled to receive, and the non-prevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in conducting the suit, action, or proceeding, including attorneys’ fees and expenses, court costs, and any storage expenses for instrument(s) stored during the pendency of any action or proceeding, even if not recoverable by law including, without limitation, all fees, taxes, costs, and expenses incident to appellate, bankruptcy, and post-judgment proceedings.

In the event an order is the subject of litigation, dispute, or possible cancellation, the customer’s instrument will be taken out of production and placed into storage. Upon the resolution of the matter, if production shall continue on the instrument, the instrument will be added back to the current production queue.

REPAIRS

If you have a repair issue, a simple phone call to us can offer honest, clear-cut solutions. We evaluate each situation on an individual basis and offer reliable time and cost estimates to give you a benchmark for your instrument’s needs. Once received, a more formal evaluation takes place and a detailed quote is prepared. No work is started before all costs are approved by you. When the work is completed, we contact you for payment, and arrangements are made to put the instrument back in your hands.

The customer is responsible for all shipping costs related to instrument repair. Instrument repairs, modifications, alterations, or upgrades performed by any third party who is not an official representative of Elly or a certified Elly repair specialist shall void the limited warranty provided in this Agreement. If no local Elly certified repair person is available, Customer must contact Elly to make arrangements to return the instrument to Elly for repair.

AUTHORIZED DEALERS

We will not accept returns on products that were purchased through an authorized dealer, or products that have changed ownership since the initial sale. If you fall into this category, please contact the party you purchased from. We have programs in place to work with dealers should you need to return your product to the place that you purchased it.

If you purchased the instrument from an authorized dealer who is no longer in business, we will do our best to assist you. At our discretion, we may be able to help you resell the instrument on a consignment basis, or repair the instrument prior to a resale. We will need copies of your receipts and we will compare them to our records of the instrument transaction.

GOVERNING LAW

This agreement shall be governed, interpreted, or construed in accordance with the laws of the State of New Hampshire. The Parties agree that any legal proceeding involving a dispute between Elly and the customer concerning any aspect of this agreement or the orders placed under it shall be brought and viewed solely in a State court located within the State of New Hampshire or the United States District Court for the District of New Hampshire.

Advertisement
Share This