TERMS OF SALE
Introduction
This document sets out the terms applicable to the purchase of products and services offered through the website https://bullskullguitars.com/, owned by Vicente Javier Morellá Martínez, trading as Bull Skull Guitars, hereinafter the PROVIDER.
These terms will remain accessible so that the USER can consult, save or reproduce them before making a purchase. The PROVIDER may amend them when necessary, without such changes affecting contracts concluded previously. Each order will be governed by the terms in force at the time it is placed.
Electronic contracting has full legal validity. The PROVIDER will keep the information relating to the order and will send the USER a confirmation by email.
By accepting these terms, the USER:
- Has read and understands their content.
- Has sufficient legal capacity to enter into a contract.
- Accepts the obligations arising from the purchase.
- Declares that the information provided is true and complete.
Identity of the contracting parties
The PROVIDER is: Vicente Javier Morellá Martínez · Tax ID (NIF): 44872258V · Trade name: Bull Skull Guitars · Address: Calle Galicia, 48, 1.º, 46470 Catarroja (Valencia), Spain · Telephone: +34 671 501 117 · Email: guitarepair.valencia@gmail.com
Bull Skull Guitars is a trade name owned by Vicente Javier Morellá Martínez, a sole trader (self-employed individual) registered in Spain. For the purposes of these Terms and Conditions, any reference to Bull Skull Guitars shall be understood as referring to Vicente Javier Morellá Martínez, as the owner of the business and the seller and service provider operating under the Bull Skull Guitars trade name.
The USER is the person who purchases a product or contracts a service through the website. Purchases may be made as a guest or through a customer account, where this option is available.
The USER is responsible for the accuracy of the information provided and, if they have an account, for keeping their login credentials safe.
Purpose of the contract
These terms govern:
- The sale of guitars, accessories, care products and other items available in the shop.
- The manufacture of guitars according to the customer’s specifications.
- Repair, restoration, setup or maintenance services for instruments when contracted remotely.
- The preparation, payment and delivery of orders.
Custom orders and repair or restoration services may be subject to a quotation, technical specifications and specific conditions. In the event of any conflict, the specific conditions expressly accepted by both parties shall prevail.
Correction of data
The USER may correct the data entered before confirming the order. If an error is detected afterwards, the USER must report it as soon as possible to guitarepair.valencia@gmail.com.
The PROVIDER shall not be liable for delays or incidents caused by incorrect or incomplete information provided by the USER.
Ordering procedure
Creating an account is not required to purchase products that allow guest checkout.
The general procedure is as follows:
- Selection of the product and, where applicable, its options.
- Adding the product to the basket.
- Review of items, quantities and prices.
- Entry of contact, billing and delivery details.
- Information on shipping costs and the total price.
- Selection of the payment method.
- Consultation and acceptance of the Terms of Sale.
- Confirmation of the order by means of a button clearly indicating the obligation to pay.
- Sending of a confirmation to the email address provided.
Before confirming the purchase, the USER may review and correct the data entered.
1. GENERAL TERMS OF CONTRACT
Placing an order implies acceptance of these terms, without prejudice to any specific conditions agreed for a custom guitar, repair or restoration.
The PROVIDER shall not be bound by conditions unilaterally introduced by the USER unless they have been expressly accepted in writing.
The information, photographs and finishes shown on the website are for guidance only. Handcrafted products may show slight variations inherent to natural materials or the manufacturing process, provided they do not alter the essential characteristics agreed.
2. SHIPPING AND DELIVERY
Orders will be prepared once payment has been confirmed and product availability has been verified.
Shipping destinations. Bull Skull Guitars ships worldwide. For shipments within mainland Spain, the shipping rates displayed on our website will apply. For the Balearic Islands, Canary Islands, Ceuta, Melilla and all international destinations, customers must contact Bull Skull Guitars in advance to obtain a shipping quote, calculated according to the destination and characteristics of the product.
Shipping companies. For domestic shipments within Spain, we primarily use NACEX. For international shipments, we primarily use DHL. Bull Skull Guitars may use a different carrier or shipping service when the characteristics of the product, destination or circumstances of the shipment make this advisable.
Delivery times for in-stock products. For products available in stock, the usual estimated delivery time within mainland Spain is approximately 48 business hours. This timeframe is an estimate and may be affected by weekends, public holidays, periods of high demand or carrier-related circumstances beyond the control of Bull Skull Guitars.
Unless another timeframe has been agreed, the order will be delivered without undue delay and, at the latest, within thirty calendar days of the conclusion of the contract.
Custom-built guitars, special orders and certain restoration work will have the timeframe stated in the quotation or order document. This timeframe may vary depending on the complexity of the work and the availability of materials.
If a product is not available, the PROVIDER will inform the USER and allow them to choose between a new delivery date, an alternative product or cancellation with a refund of the amounts paid.
Delivery shall be deemed completed when the USER, or the person designated by the USER, takes physical possession of the order. From that moment the risk of loss or damage passes to the USER, unless the carriage was contracted directly by the USER with a carrier not proposed by the PROVIDER.
The USER should report any visible damage caused during transport as soon as possible. Such notice will facilitate the claim against the carrier, but failure to give it shall not remove the legal rights of the consumer.
3. RIGHT OF WITHDRAWAL
Consumers have fourteen calendar days from receipt of the product to withdraw from the purchase without giving any reason.
To exercise this right, the consumer may send an unequivocal statement to guitarepair.valencia@gmail.com.
The USER must return the product without undue delay and, at the latest, within fourteen calendar days of notifying the withdrawal.
Unless the PROVIDER offers to bear them, the direct costs of returning the goods shall be borne by the USER, provided that the USER has been informed of this in advance.
The PROVIDER will refund all payments received, including standard delivery costs, within fourteen calendar days of the notification of withdrawal. The PROVIDER may withhold the refund until the product has been received or until the USER has supplied evidence of having returned it.
The refund will be made using the same means of payment used for the purchase, unless another method is agreed that involves no additional cost.
The USER shall be liable for any diminished value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the product.
Personalised products
The right of withdrawal does not apply to guitars or other goods made to the customer’s specifications or clearly personalised, in accordance with Article 103(c) of the Spanish Consolidated Text of the General Law for the Protection of Consumers and Users.
This exception must be communicated to the customer before the quotation is accepted and any deposit is paid. It may not be applied automatically to a standard product merely because it allows accessory options that do not determine its manufacture.
Repairs and restorations
Where the USER requests that a repair or restoration begin during the withdrawal period, they must expressly authorise the early start of the service.
If the service is fully performed within that period, the right of withdrawal will be lost where the USER has expressly consented to its performance and acknowledged that they are aware of this consequence.
If the work has begun but is not finished, the USER shall pay the proportionate part of the service actually provided, where legally applicable.
30-day commercial trial period for in-stock Bull Skull guitars
Bull Skull guitars purchased from stock include a 30-calendar-day trial period from the date of receipt.
This commercial trial policy does not apply to guitars made specifically to order or clearly personalised for an individual customer.
Customers must notify Bull Skull Guitars of their intention to return the guitar within the applicable period.
The customer may examine and test the instrument and will be responsible for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the guitar.
The direct cost of return shipping will be borne by the customer, provided that the customer has been informed of this condition in advance.
Once the guitar has been received at our premises, Bull Skull Guitars will inspect its condition and process the applicable refund in accordance with the relevant legislation.
Where the statutory right of withdrawal applies, all refund rights established by consumer legislation will be respected, including, where applicable, the cost of the standard initial delivery method.
The 30-day commercial trial period does not restrict any statutory right of withdrawal available to the consumer.
This period is an additional commercial benefit and does not limit the statutory right of withdrawal or the legal guarantee of conformity.
4. COMPLAINTS
Any complaint the USER may wish to make will be dealt with as quickly as possible and may be submitted through the following contact details:
Post: Vicente Javier Morellá Martínez, Calle Galicia, 48, 1.º, 46470 Catarroja (Valencia), Spain · Telephone: +34 671 501 117 · Email: guitarepair.valencia@gmail.com
5. FORCE MAJEURE
Neither party shall be liable for delays or failures to perform caused by unforeseeable or unavoidable events beyond its reasonable control.
The affected obligation shall be suspended for as long as the force majeure event continues. The PROVIDER will inform the USER when such an event significantly affects their order and will propose a new date or a refund of the amounts paid where it is not possible to perform the contract.
6. ASSIGNMENT AND LIABILITY
The USER may not assign the rights or obligations arising from the contract without the PROVIDER’s prior authorisation, unless the law expressly allows it.
The PROVIDER shall be liable for direct damage attributable to it in accordance with applicable law. No clause may exclude or limit the non-waivable rights of consumers.
If any provision is declared null or unenforceable, the remaining terms shall remain in force.
7. GENERAL INFORMATION ON THE OFFER
The essential characteristics, availability and price of each product will be shown on its product page.
Custom-built guitars and repair or restoration services require acceptance of a quotation or order describing the characteristics, materials, work, price and estimated timeframe.
Photographs may show slight colour differences depending on the screen used. Natural variations in woods, grain and handcrafted finishes shall not be considered defects where they are consistent with the characteristics agreed.
Offers and promotions are valid for the period stated or while stocks last.
8. PRICE AND VALIDITY OF THE OFFER
Prices are expressed in euros and include Value Added Tax where applicable.
Shipping costs and any additional services will be shown separately before the order is confirmed.
The applicable price is the one published at the time of purchase. Any subsequent change will not affect orders already confirmed.
Custom-built guitars
A 30% deposit of the total agreed price is required to confirm an order for a custom-built guitar.
Payment of the deposit confirms the order and allows Bull Skull Guitars to begin manufacturing the instrument according to the specifications previously approved by the customer.
No interim payments are required.
The remaining 70% must be paid once the guitar has been completed and before delivery or shipment.
Once the instrument is completed, Bull Skull Guitars will notify the customer that the guitar is finished and ready for final payment.
If the outstanding balance has not been paid within 30 calendar days of this notification, Bull Skull Guitars may terminate the contract due to the customer’s failure to fulfil their payment obligation.
In such circumstances, taking into account the personalised nature of the instrument, the materials and components allocated to its manufacture, the work performed and the difficulty of subsequently selling an instrument manufactured to individual specifications, the 30% deposit will be retained by Bull Skull Guitars as compensation for the costs and losses resulting from the customer’s breach.
The guitar will thereafter remain at the disposal of Bull Skull Guitars for subsequent sale, and Bull Skull Guitars will have no obligation to deliver the instrument to the customer.
Where the guitar has been manufactured according to the customer’s specifications or is clearly personalised, the statutory right of withdrawal will not apply in those circumstances where the law provides an exception for such goods.
If Bull Skull Guitars cancels the order for reasons not attributable to the customer, the amounts paid by the customer will be refunded.
All of the above is without prejudice to any mandatory consumer rights applicable under the relevant legislation.
Validity of quotations
Custom quotations are valid for 15 calendar days from their date of issue.
After this period, Bull Skull Guitars may review and update the quotation to reflect changes in the cost of materials, components, shipping or other associated costs.
Invoices
Invoices will be provided electronically by email or WhatsApp, using the contact details provided by the customer.
9. SHIPPING COSTS
Shipping costs will be shown before the order is confirmed.
The standard €9 shipping rate applies exclusively to shipments within mainland Spain where applicable to the product purchased.
Shipping to the Balearic Islands, Canary Islands, Ceuta, Melilla and international destinations will be quoted individually.
VAT, customs duties and taxes on international orders. For shipments outside the European Union, products will be invoiced without Spanish VAT where the transaction meets the applicable legal requirements to qualify as a VAT-exempt export.
Any customs duties, import taxes, customs clearance fees or other charges imposed in the destination country are the responsibility of the customer and are not included in the product price or shipping charges.
For intra-Community transactions within the European Union that meet the applicable tax requirements, invoices may be issued without Spanish VAT. Customers must provide the required tax information and, where applicable, hold a valid EU VAT identification number.
Sales to private consumers within the European Union will be subject to the applicable VAT in accordance with current legislation.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The website accepts card payments through Stripe.
The PROVIDER does not store full card numbers or security codes. This data is processed directly by the payment provider.
Bull Skull Guitars accepts card payment via Stripe and bank transfer. In the online shop, only card payment is accepted; bank transfer is accepted for custom-built guitar orders and repair or restoration services, which are paid outside the online shop.
Coupons and discounts are subject to their specific conditions, validity period and eligible products. Unless otherwise stated, they cannot be combined.
The website uses secure connections and reasonable measures to protect the information transmitted during the purchase.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entry on secure pages, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorised access to data. To achieve these aims, the user/customer accepts that the provider may obtain data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to permit any transaction that is considered illegal by the card brands or the acquiring bank and that could harm, or has the potential to harm, their goodwill or influence them negatively.
Under the card brands’ programmes, the sale or offer of any product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.
11. PURCHASE PROCESS
Available products may be added to the basket. The basket allows the USER to review items, quantities, prices and the estimated total, but does not in itself constitute a reservation or create any obligation to purchase.
To place the order, the USER must:
- Review the selected products.
- Provide billing and delivery details.
- Check the shipping costs and total amount.
- Enter the payment details.
- Consult and accept the Terms of Sale.
- Confirm the order using a button that clearly indicates an obligation to pay.
The final button must use unambiguous wording, such as “Buy and pay” or “Order with obligation to pay”.
Once the order has been received, the PROVIDER will send a confirmation by email within the following twenty-four hours. This confirmation will include at least the order reference, the products, the price, the charges, the payment method and the delivery details.
Custom guitars and restoration work will be formalised by accepting the corresponding quotation and specifications. Manufacture or work will begin once the agreed deposit has been received.
12. SEVERABILITY, SUSPENSION AND TERMINATION OF THE CONTRACT
The PROVIDER may suspend or cancel an order when:
- Payment cannot be confirmed or received.
- There are reasonable indications of fraud.
- The product is not available and the USER does not accept an alternative.
- The requested order is technically or legally unfeasible.
- The USER materially breaches the obligations assumed.
Cancellation shall not affect the rights of the consumer nor allow the retention of amounts that must be refunded by law.
If any clause is declared illegal, null or unenforceable, it shall be deemed severed from the rest, which shall remain valid.
13. WARRANTIES AND RETURNS
Statutory product warranty
New products sold to consumers are covered by the statutory guarantee of conformity. The PROVIDER shall be liable for any lack of conformity that becomes apparent within three years of delivery.
Where there is a lack of conformity, the consumer may request repair or replacement of the product and, where legally appropriate, a price reduction or termination of the contract.
Repair or replacement shall be free of charge, carried out within a reasonable time and without significant inconvenience to the consumer.
For second-hand products, a shorter period may be agreed, which shall never be less than one year. The used condition of the product and the applicable period must be expressly stated before purchase.
Additional commercial warranties do not replace or reduce the statutory warranty.
This statutory warranty is independent of any additional commercial services offered by Bull Skull Guitars, including the 30-day trial period and the three complimentary setups during the first year.
Statutory warranty rights are independent of, and additional to, any commercial warranty or voluntary after-sales service offered by Bull Skull Guitars.
Three complimentary setups during the first year
All Bull Skull guitars include up to three complimentary full setups during the first year following delivery.
Customers may either bring the guitar directly to our workshop or send it to us for the setup.
The service includes a complete instrument setup and may include, where necessary, truss rod adjustment, action adjustment, intonation, pickup height adjustment, fret levelling and other work required to keep the instrument correctly set up.
It may also include correction of defects or faults inherent to the instrument and replacement of deteriorated components where the cause is attributable to the instrument itself rather than improper use by the customer.
Strings are not included in the complimentary service. Where replacement is required or requested, the cost of the strings will be borne by the customer.
When using one of the three complimentary setups as a commercial after-sales service, the customer is responsible for shipping costs to and from our workshop.
Damage or deterioration caused by impacts, accidents, misuse, inadequate maintenance or storage, modifications, tampering or work carried out by the customer or third parties is excluded from this complimentary service.
The three complimentary setups are an additional commercial service offered by Bull Skull Guitars and do not replace, reduce or restrict the instrument’s statutory warranty rights.
Where work is required as a result of a lack of conformity covered by the statutory warranty, the rights and conditions applicable to that warranty will apply, including any costs that Bull Skull Guitars is legally required to bear.
Warranty on repairs, restorations and workshop services
Repair, restoration and setup work performed by Bull Skull Guitars on guitars, basses, amplifiers, pedals and other instruments or equipment carries a 3-month warranty covering the specific work performed, starting from the date the item is returned to the customer.
This warranty covers recurrence of the repaired fault and any issue directly resulting from the work carried out by Bull Skull Guitars.
The warranty is limited exclusively to the work performed and components directly related to that intervention.
A repair does not constitute a general warranty covering the entire instrument or equipment, nor does it cover parts, components, circuits or systems on which Bull Skull Guitars did not perform work.
Accordingly, subsequent faults, breakages, failures or deterioration that are not directly related to the work performed are not covered.
The warranty also excludes damage resulting from impacts, accidents, misuse, normal wear and tear, inappropriate use or storage, external causes, subsequent modifications or tampering, or work performed by the customer or a third party.
Where an issue is genuinely covered by the repair warranty, Bull Skull Guitars will fulfil its obligations in accordance with applicable legislation.
The warranty shall not cover damage caused by impacts, humidity, unsuitable temperatures, handling by third parties, use contrary to instructions, normal wear and tear or lack of maintenance, provided that these circumstances are the actual cause of the damage.
14. APPLICABLE LAW AND JURISDICTION
These terms shall be governed by Spanish law.
Where the USER is a consumer, any dispute shall be submitted to the courts that have jurisdiction under consumer legislation, generally those of the consumer’s place of residence.
The application of Spanish law shall not deprive a consumer resident in another European Union country of the mandatory protection afforded by the law of their place of residence.