Summary of key terms
Although you should carefully read these terms and conditions to make sure that you understand the basis on which you are to purchase your Sky Guitar from us, we summarise the key terms as follows:
- You are responsible for checking the specification of your Sky Guitar when it is submitted to us. We cannot guarantee that we will be able to accept any changes to your specification at a later date.
- Sky Guitars are made by hand to order, and they can therefore take some time to manufacture. There may be some delays in dispatching your Sky Guitar which are caused by circumstances beyond our control, and we cannot be liable for the same.You must pay for your Sky Guitar in full before it is dispatched. You will own the Sky Guitar once you have paid for it in full and it is delivered to you.
- If there is a problem with the quality of the manufacture of your Sky Guitar in the first year of you having purchased it, we will arrange for it to be repaired as soon as reasonably possible at our own cost. This will be our only liability to you.
- All prices quoted are exclusive of value added tax and any equivalent goods and services taxes outside of the United Kingdom, along with all other import charges, duties and levies, which are payable by you in addition to the price of the Sky Guitar.
1. General
1.1 What these terms cover. These are the terms and conditions on which we sell a Sky Guitar to you.
1.2 Why you should read them. These terms tell you who we are, how we will sell the Sky Guitar to you, how you and we may change or end the contract, what you should do if there is a problem and other important information.
Who we are. We are UJR Sky Guitars Limited, trading as Sky Guitars, a company registered in England and Wales. Our company registration number is 10988601 and our registered office is at The New Bungalow, 34 Hanbury Road, Droitwich, Worcestershire WR9 8PW. Our registered VAT number is GB282501811.
1.3 How to contact us. You can contact our customer service team by:
1.3.1 telephone on 0044 7480137660
1.3.2 email at sales@sky-guitars.com
1.3.3 using our online contact form at https://www.sky-guitars.com/contact/.
1.4 How we may contact you. If we have to contact you about the contract or your Sky Guitar we will do so by telephone, email or post using the details you have provided to us.
2. The Contract
2.1 Submitting your order. Once you have decided upon the specification of your Sky Guitar, please submit your order to us in writing via email. Please note that we will only accept orders that have been submitted to us in writing via email, and this is to avoid the possibility of miscommunication over the telephone.
2.2 How we will accept your order. Our acceptance of your order for a Sky Guitar will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because we are unable to manufacture the Sky Guitar in accordance with your specification or meet any requested deadlines.
3. Sky Guitars
3.1 Sky Guitars are made to order. Sky Guitars are made by hand to order and will differ from the images on our website (which are for illustrative purposes only). You will need to decide upon the specification for your Sky Guitar according to our brochure and specification sheets. If you are having difficulties on deciding upon the specification for your Sky Guitar please contact us and we will be able to assist you.
3.2 Making sure your order is correct. It is your responsibility to make sure the specification for your Sky Guitar, as set out in your order, is accurate and complete at the time it is submitted to us.
3.3 Your changes to the Sky Guitar. If you wish to make any changes to your Sky Guitar, or you become aware that the specification in your order contains inaccurate or incomplete information, please contact as soon as possible. We will let you know if your requested change is possible. If the change is possible we will let you know about any variation to the price of the Sky Guitar, the timing of dispatch or anything else which would be necessary as a result of the change.
3.4 Our changes to the Sky Guitar. We may change the Sky Guitar:
3.4.1 to reflect changes in relevant laws and regulatory requirements; and
3.4.2 to implement any minor technical adjustments and modifications, for example to improve the quality of the Sky Guitar. These changes will not affect the aesthetics or your use of the Sky Guitar.
3.5 Quality of the Sky Guitars. Each Sky Guitar is hand made by hand to order to a very high quality, and, subject to paragraph 3.6, we guarantee that:
3.5.1 at the time of delivery, the Sky Guitar will be free from any obvious and noticeable scratches, scuffs, blemishes, stains and similar visual defects; and
3.5.2 for a period of one year from the date of delivery, the Sky Guitar will:
(a) correspond in all material respects with your specification;
(b) be of satisfactory quality; and
(c) fit for its intended purpose.
3.6 Conditions of Sky Guitar guarantee. We cannot be liable for the Sky Guitar’s failure to comply with our guarantee set out in the above paragraph 3.5 if any damage or defect arises as a result of:
3.6.1 fair wear and tear;
3.6.2 the Sky Guitar being played by Uli Jon Roth at a concert or other event before delivery (with your prior written permission). In such circumstances, you acknowledge and agree that there may be the possibility that the Sky Guitar will have some minor scratches, scuffs, blemishes, stains and similar visual defects. Although we will do our best to remedy these visual defects, we will not be in breach of the guarantee set out in the above paragraph 3.5 where the Sky Guitar has been played by Uli Jon Roth;
3.6.3 your wilful damage, negligence or lack of reasonable care;
3.6.4 abnormal storage or unusual usage;
3.6.5 your failure to follow our oral or written instructions as to the handling, storage, use and/or care of the Sky Guitar (or, if there are no such instructions, generally accepted standards as to the handling, storage, use and/or care of guitars); or
3.6.6 you attempting to alter or modify the Sky Guitar.
4. Price and payment
4.1 Price of the Sky Guitar. The price of the Sky Guitar will be notified to you before you submit your order. The price of the Sky Guitar is exclusive of value added tax and any equivalent goods and services taxes outside of the United Kingdom, along with all other import charges, duties and levies. Such taxes, charges, duties and levies shall be payable by you in addition to the price of the Sky Guitar.
4.2 Payment of the Sky Guitar. You may pay for your Sky Guitar in either the following ways:
4.2.1 first, you can pay 50% of the price of the Sky Guitar when you submit your order, with the 50% balance to be paid after we notify you that your Sky Guitar is ready to be dispatched; or
4.2.2 second, we may be agree a bespoke payment plan with you, whereby you pay instalments for the Sky Guitar over a period of time. Please contact us if you would like to discuss and arrange a bespoke payment plan.
4.3 Non-payment. If you do not pay us any instalment of the Sky Guitar when you are supposed to and you still do not make payment within 21 days of us reminding you that payment is due, we may suspend work on the Sky Guitar or halt its dispatch until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the work or halting the dispatch of the Sky Guitar.
4.4 Methods of payment. Unless otherwise agreed in advance, you may only pay for your Sky Guitar by way of electronic bank transfer.
5. delivery and collection
5.1 Delivery costs. The costs of delivery and insurance will be notified to you before your Sky Guitar is dispatched. We will invoice you for the delivery and insurance costs at the same time you pay for your guitar under paragraph 4.
5.2 When we will dispatch the Sky Guitar. As Sky Guitars are made by hand to order, they can take some time to manufacture. During the order process we will let you know when we anticipate we will be able to dispatch the Sky Guitar to you. We will let you know as soon as we can if it becomes apparent any anticipated dispatch date might be missed. We will notify you that your Sky Guitar is ready before it is dispatched. Please note that we will only dispatch the Sky Guitar once you have paid the price in full in cleared funds.
5.3 Collection. Please contact us as soon as possible if you would prefer to collect your Sky Guitar rather than it being delivered to you. In you wish to collect your Sky Guitar we will let you know when we anticipate we will be able to arrange its collection by you. We will agree a mutually convenient date, time and location for collection with you. We will let you know as soon as we can if it becomes apparent any anticipated collection date might be missed. Please note that we will only arrange for collection of the Sky Guitar once you have paid the price in full in cleared funds. If, you are unable to collect your Sky Guitar on the agreed date, please notify us as soon as possible and we will attempt to re-arrange collection with you. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection of the Sky Guitar we may end the contract and paragraph 7.1.2 will apply.
5.4 We are not responsible for delays outside our control. If the manufacture or dispatch of the Sky Guitar is delayed by an event outside our control (for example, disruption with our suppliers, sub-contractors or carriers) then we will contact you as soon as possible to let you know and we will take steps to minimise the affect of the delay. Provided we do this we will not be liable for delays caused by the event outside of our control. You agree that the delivery or collection of your Sky Guitar on the original anticipated date is not essential.
5.5 Taking delivery of the Sky Guitar. We will arrange for the dispatch and delivery of the Sky Guitar to you using one of our trusted carriers. Given that we cannot always ensure our chosen carrier will request a signature from you or another person on your behalf at the delivery address, please would you notify us via email as soon as your Sky Guitar has been delivered so that we can update our records. If no one is available at your address to take delivery of the Sky Guitar, our carrier will usually leave you a note informing you of how to rearrange delivery or collect the Sky Guitar from a local depot.
5.6 If you do not take or re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Sky Guitar from a local depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs incurred by us. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 7.1.2 will apply.
5.7 When you own the Sky Guitar. You will own the Sky Guitar once we have received payment of the price in full and it has either been delivered to you or collected by you.
6. If there is a problem with the Sky Guitar
6.1 Notify us of any problems. If you become aware of any problem with your Sky Guitar at the time it is delivered, or within the one year guarantee period set out in paragraph 3.5, please contact us.
6.2 Our obligation to repair the Sky Guitar. Once we have the details of the problem from you, we may request further information or access to the Sky Guitar to ensure that none of the circumstances in paragraph 3.6 apply. If we agree that the Sky Guitar is defective and covered by our guarantee, we will arrange for it to be repaired at our own cost. We will always do our best to ensure that your Sky Guitar is repaired as soon as possible to your satisfaction.
6.3 No other remedies. You acknowledge and agree that as the Sky Guitar is made by hand to order, we cannot replace or refund you for the same. The full extent of our liability to you in relation to any defects in your Sky Guitar is set out in the above paragraph.
7. Ending the Contract
We may end the contract if you break it. We may end the contract for your Sky Guitar at any time by writing to you if:
7.1.1 you do not make any payment to us when it is due and you still do not make payment within 21 days of us reminding you that payment is due; or
7.1.2 you fail to collect the Sky Guitar or take delivery of it under paragraph 5.
We will try to accommodate any issues which impact on your ability to fulfil the contract before we terminate it under this paragraph; however, this is at our discretion and if we do decide to end the contract in accordance with this paragraph we will be permitted to retain any monies that you have already paid to us and we shall be under no obligation to arrange for delivery or collection of the Sky Guitar.
8. Other important terms
8.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.3 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Sky Guitar in the courts of England and Wales.