Four Frog Instruments Ltd TERMS of Sale

These Terms of Sale were last updated on 25th June 2024.

BACKGROUND:

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through Our websites www.fourfrog.co.uk and www.resinwoodguitars.co.uk (“Our Sites”).

These Terms of Sale explain who We are, how Our Goods and Bespoke Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

You will be required to read and accept these Terms of Sale when ordering Goods and Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods or Bespoke Goods through Our Sites. These Terms of Sale, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Sites:

Our Terms of Use, available at www.fourfrog.co.uk/terms-use or www.resinwoodguitars.co.uk/terms-use apply to your use of Our Sites. These terms are also referred to below in Parts 3 and 4.
Our Privacy & Cookie Policy, available at www.fourfrog.co.uk/privacy-policy or www.resinwoodguitars.co.uk/privacy-policy. This is also referred to below in Part 22.

Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Bespoke Goods”	means the goods made and customised to order, sold by Us through Our Sites;
“Contract”	means a contract for the purchase and sale of Goods and/or Bespoke Goods, as explained in Part 10;
“Contact Tools”	means any online communications facility that We make available on Our Sites enabling you to contact Us including, but not limited to, contact forms and live chat;
“Goods”	means any goods that are not Bespoke Goods sold by Us through Our Sites;
“Order”	means your order for Goods and/or Bespoke Goods;
“Order Confirmation”	means Our acceptance and confirmation of your Order;
“Order Number”	means the reference number for your Order; and
“We/Us/Our”	means Four Frog Instruments Ltd a company registered in England under company number 15483386 with a registered address of Four Frog Instruments Ltd, Croft Myl, West Parade, Halifax, West Yorkshire, HX1 2EQ.

Unless the context otherwise requires, each reference in these Terms of Sale to:
1. “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
3. a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

Information About Us
Our Sites are operated by Us.
How to Contact Us
1. To contact Us with general questions, about your Order, cancellations or complaints by email, please email Us at contact@fourfrog.co.uk or contact@resinwoodguitars.co.uk, to contact Us by telephone, please call Us on 01422 771 625, and to contact Us by post, please write to Us at Four Frog Instruments Ltd, Croft Myl, West Parade, Halifax, West Yorkshire, HX1 2EQ
2. We provide the following Contact Tools for you to contact Us:
  - Contact form, email or telephone.
Access to Our Sites and Use of Our Sites
1. Access to Our Sites is free of charge.
2. It is your responsibility to make the arrangements necessary in order to access Our Sites.
3. Use of Our Sites is subject to Our Website Terms of Use, available at www.fourfrog.co.uk/terms-use or www.resinwoodguitars.co.uk/terms-use Please ensure that you have read them carefully, that you understand them, and that you agree to them.
Changes to these Terms of Sale
1. We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods and/or Bespoke Goods paid for but not received.
2. If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
Business and Consumer Customers
1. These Terms of Sale apply to both business and consumer customers purchasing Goods and/or Bespoke Goods in the course of business. Please note that the following Parts do not apply to you if you are a business customer: Part 14.1, Part 15, Part 16, Part 17, Part 18 and Part 20.1.
2. If you are a business customer, these Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
International Customers
We deliver Worldwide subject to Part 13.
Goods, Descriptions, and Changes
1. We make all reasonable efforts to ensure that all descriptions and images of Goods and Bespoke Goods available from Us on Our Sites match the actual Goods and Bespoke Goods. Please note:
  1. Due to the nature of our production processes, which include both handcrafting and CNC precision machining, please be aware of the following potential variances in our Goods and/or Bespoke Goods:
    1. There may be slight differences in the dimensions of the Goods and/or Bespoke Goods. Handmade items, in particular, are subject to minor variances that are a natural result of the artisanal process.
    2. Variations in colour can occur due to differences in wood grain, finish application, and the nature of hand-applied finishes. Some Goods and/or Bespoke Goods are unique and may not exactly match the colour or shade depicted in images or samples.
    3. Handcrafted Goods and/or Bespoke Goods may exhibit variations in texture, including minor tool marks or finish inconsistencies, which add to the unique character of the Goods and/or Bespoke Goods.
    4. The natural materials used, such as wood, may exhibit unique patterns, knots, or other characteristics that can affect the appearance and feel of the final Goods and/or Bespoke Goods.
    5. Due to the inherent differences in wood and construction techniques, there may be slight variances in the sound quality and tonal characteristics of the Goods and/or Bespoke Goods you have ordered.
  2. By purchasing Our Goods and/or Bespoke Goods, you acknowledge and accept that these variances are inherent in the production process. These differences contribute to the uniqueness of some Goods and/or Bespoke Goods and are not considered defects but rather distinctive features of their handmade and precision-crafted uniqueness.
2. Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods and/or Bespoke Goods, not to different products altogether. If you receive Goods and/or Bespoke Goods that are not as described, please refer to Part 14.
3. Minor changes may be made to certain Goods and/or Bespoke Goods from time to time. This may happen between you placing your Order and the Goods and/or Bespoke Goods being dispatched.
  
  Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or design issues.
  
  Minor changes will not change the main characteristics of the Goods and/or Bespoke Goods and will not affect your use of them.
4. As explained in the descriptions of certain Goods and/or Bespoke Goods, more significant changes may also be made to certain Goods and/or Bespoke Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods and/or Bespoke Goods paid for but not received.
Pricing
1. We make all reasonable efforts to ensure that prices shown on Our Sites are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.
2. We are not currently VAT registered and, therefore, all prices shown on Our Sites are the final price you will pay.
3. All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
  
  If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
  
  If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation in writing.
4. Delivery charges are not included in the price of Goods or Bespoke Goods shown on Our Sites. For more information on delivery charges, please refer to Our Sites. Delivery options and related charges will be presented to you as part of the order process.
Orders and How Contracts Are Formed
1. Our Sites will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
2. If you order Bespoke Goods from Us, We will make and/or customise them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Sites. When you place an Order for Bespoke Goods, We will provide details of the information required from you.
3. When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
4. If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Sites, either in the product descriptions or during the order process, as applicable.
  
  If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods and/or Bespoke Goods to you.
  
  If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
  
  We will not be responsible for supplying the affected Goods and/or Bespoke Goods late or for not supplying the affected Goods and/or Bespoke Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
5. No part of Our Sites constitutes a contractual offer capable of acceptance.
  
  Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
  
  Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods and/or Bespoke Goods.
6. Order Confirmations contain the following information:
  1. Your Order Number;
  2. Confirmation of the Goods and/or Bespoke Goods ordered including full details of their main characteristics; and
  3. Fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery, and other additional charges.
7. Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
8. In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
  
  We may not accept your Order because the Goods and/or Bespoke Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods and/or Bespoke Goods, or because We are not able to meet a delivery deadline that you have set.
Payment
1. Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
2. We accept the following methods of payment:
  All major credit and debit cards payment of which shall be processed by a third party payment processor such as Stripe or any other similar processor we choose to use on Our Sites.
3. If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know.
When You Own the Goods and/or Bespoke Goods
Ownership of the Goods and/or Bespoke Goods passes to you once We have received payment in full of all sums due.
Delivery
1. All Goods and/or Bespoke Goods purchased through Our Sites will normally be delivered within 9 months after the date of Our Order Confirmation depending on the Goods and/or Bespoke Goods you have ordered unless otherwise agreed or specified during the ordering process.
2. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
3. If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods and/or Bespoke Goods that you have not received.
4. If you (or someone on your behalf) are not available at your address to take delivery of the Goods and/or Bespoke Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods and/or Bespoke Goods.
5. If you do not arrange to have the Goods and/or Bespoke Goods re-delivered or do not collect them, We will contact you to ask for further instructions.
  
  We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract. If this happens, in the case of Goods, you will be issued with a refund. In the case of Bespoke Goods, we do not offer any refund due to their bespoke nature. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
6. In the unlikely event that We do not deliver the Goods and/or Bespoke Goods on time (within 9 months of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
  1. We have refused to deliver the Goods and/or Bespoke Goods;
  2. In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
  3. You told Us when ordering the Goods and/or Bespoke Goods that delivery within the specified or agreed time period was essential.
7. If you do not wish to cancel under Part 13.6, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
8. You may cancel all or part of your Order under Parts 13.6 or 13.7 provided that separating the Goods and/or Bespoke Goods in your Order would not significantly reduce their value.
  
  Any sums that you have already paid for cancelled Goods and/or Bespoke Goods and their delivery will be refunded to you.
  
  If any cancelled Goods and/or Bespoke Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
9. Responsibility for the Goods and/or Bespoke Goods passes to you once We have delivered the Goods and/or Bespoke Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods and/or Bespoke Goods from Us.
10. As explained in Part 10.4, We will not be responsible for delivering Goods and/or Bespoke late or for not delivering Goods and/or Bespoke Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
11. If you are located in a country outside of the United Kingdom the following shall apply:
  1. When Goods and/or Bespoke Goods are delivered to countries outside of the United Kingdom, please be aware that postage and delivery times may be extended beyond our estimated delivery dates.
  2. Once your Goods and/or Bespoke Goods have left the United Kingdom, we have no control over international shipping processes, customs inspections, and any potential delays caused by third-party carriers or regulatory authorities in the destination country.
  3. It is your responsibility to be aware of and comply with any import regulations, duties, taxes, or other charges that may be applicable in the destination country. We recommend contacting your local customs office for more information.
  4. While we strive to ensure timely delivery, We cannot guarantee delivery dates for international shipments. If you experience significant delays, please contact Us for assistance, and We will do our best to provide information and support regarding your shipment.
Faulty, Damaged, or Incorrect Goods and/or Bespoke Goods
1. This Part 14.1 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
  1. The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
    1. Beginning on the day that you receive the Goods and/or Bespoke Goods (and ownership of them), you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
    2. If you do not wish to reject the Goods and/or Bespoke Goods, or if the 30 calendar day rejection period has expired, you may request a repair or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods and/or Bespoke Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
    3. If, after a repair or replacement, the Goods and/or Bespoke Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods and/or Bespoke Goods at a reduced price, or to reject them in exchange for a refund.
    4. If you exercise the final right to reject more than six months after you have received the Goods and/or Bespoke Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods and/or Bespoke Goods.
    5. Within a period of six years after you have received the Goods and/or Bespoke Goods (and ownership of them), if the Goods and/or Bespoke Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods and/or Bespoke Goods, you must prove that the defect or non-conformity existed at the time of delivery.
  2. Please note that you will not be eligible to claim under this Part 14.1 if:
    1. We informed you of the problem(s) with the Goods and/or Bespoke Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
    2. You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
    3. You have purchased the Goods and/or Bespoke Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods and/or Bespoke Goods for that purpose; or
    4. The product(s) in question is/are Bespoke Goods and the problem(s) is/are a result of your provision of incorrect information, rather than the Bespoke Goods not being as described, fit for purpose, or of satisfactory quality for reasons that would otherwise entitle you to claim under this Part 14;
    5. The problem(s) is/are the result of normal wear and tear; or
    6. You have changed your mind (please refer to Part 16).
  3. If there is a problem with the Goods and/or Bespoke Goods, please contact Us using the details provided above in Part 3.
  4. If you exercise your legal right to reject the Goods and/or Bespoke Goods, you must return them to Us.
  5. To return Goods and/or Bespoke Goods to Us for any reason under this Part 14, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. For the avoidance of doubt this does not include returning Goods and/or Bespoke Goods if you have changed your mind during the cooling-off period. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
2. This Part 14.2 applies if you are a business customer:
  1. We warrant that the Goods, on delivery, and for a period of 12 months thereafter (the “Warranty Period”) shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us.
  2. If any Goods and/or Bespoke Goods you have purchased do not comply, subject to sub-Clause 10.3 and your compliance with sub-Clauses 14.2.2 a) to 14.2.2 c), We shall, at Our option, repair the affected Goods and/or Bespoke Goods, replace them, or issue you with a full refund for the price of the affected Goods and/or Bespoke Goods. The following conditions shall apply:
    1. You must give Us written notice of the non-compliance during the Warranty Period within a reasonable time of discovering it;
    2. You must return the Goods and/or Bespoke Goods in question to Us at your expense; and
    3. You must give Us a reasonable opportunity to examine the Goods and/or Bespoke Goods in question.
  3. We will not be liable for any non-compliance with the provisions of sub-Clause 14.2.1 of any Goods and/or Bespoke Goods if any of the following apply:
    1. You have made any further use of the affected Goods and/or Bespoke Goods after giving Us written notice of the non-compliance under sub-Clause 14.2.2 a);
    2. The non-compliance has arisen as a result of your failure to follow Our instructions on the correct usage, maintenance, installation, storage of the affected Goods and/or Bespoke Goods or, where no instructions are provided, your failure to follow good trade practice with respect to the same;
    3. The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to Us;
    4. You have made any unauthorised alterations or repairs to the affected Goods and/or Bespoke Goods; or
    5. The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
  4. The terms of this Part 14.2 shall also apply to any Goods and/or Bespoke Goods which are repaired or replaced by Us under sub-Clause 14.2.2.
  5. Except as provided in this Part 14.2, We shall have no further liability to you with respect to Goods which do not comply with sub-Clause 14.2.1.
  6. To return Goods to Us for any reason under this Part 14.2, please contact Us to arrange for a collection and return.
  7. Refunds (whether full or partial) under this Part 14.2 will be issued within 14 days of the day on which We agree that you are entitled to the refund.
  8. Any and all refunds issued under this Part 14.2 will include all delivery costs paid by you when the Goods and/or Bespoke Goods were originally purchased.
  9. Refunds under this Part 14.2 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Goods.
Your Rights to Cancel and End the Contract
1. If the Goods and/or Bespoke Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods and/or Bespoke Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information.
2. If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 16, below, for more information.
3. If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.
Cancelling and Ending the Contract if You Change Your Mind
1. If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason, subject to the exceptions stated below in Part 16.4 (including, but not limited to, Bespoke Goods). This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
  1. If the Goods (not Bespoke Goods) are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
  2. If the Goods (not Bespoke Goods) are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
2. If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, We also offer a cancellation form on Our Sites. Our contact details are provided above in Part 3.
3. Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
4. Please note that this right to cancel may not apply in the following circumstances:
  1. If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
  2. If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
  3. If the Goods are likely to deteriorate quickly, for example, flowers or food;
  4. If the goods (i.e. Bespoke Goods) have been personalised or custom-made for you;
  5. If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
Cancelling and Ending the Contract Because of Something We Have Done or Will Do
1. You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
  1. We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
  2. We have informed you about an upcoming change to the Goods and/or Bespoke Goods that you do not agree to (see Part 8.4);
  3. We have informed you about an error in the price or description of the Goods and/or Bespoke Goods and you do not wish to proceed;
  4. There is a risk that delivery of the Goods and/or Bespoke Goods will be substantially delayed due to events outside of Our control (see Part 13.3);
  5. You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods and/or Bespoke Goods on time and the circumstances in Part 13.6 or 13.7 apply).
2. If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Goods and/or Bespoke Goods which have not yet been provided. You may also be entitled to compensation.
3. If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, We also offer a cancellation form on Our Sites. Our contact details are provided above in Part 3.
Returning Goods and/or Bespoke Goods After Cancelling and Ending the Contract
1. Subject to your right to partially cancel your Order under Part 13.8, if you cancel and end the Contract for any reason after Goods and/or Bespoke Goods have been dispatched or delivered to you, you must return the Goods and/or Bespoke Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3. For the avoidance of doubt, We will only be liable for the postage costs if you are a consumer and you are returning Goods and/or Bespoke Goods due to a reason as described in Part 14.1
2. If you are a consumer and exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel and you will be liable for all postage costs.
3. If you are a consumer, We will cover the costs of returning the Goods and/or Bespoke Goods to Us in the following circumstances:
4. In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods and/or Bespoke Goods to Us.
5. If you are responsible for the costs of returning the Goods and/or Bespoke Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods and/or Bespoke Goods.
Refunds
1. All refunds due to you will be made using the same method used by you when paying for the Goods and/or Bespoke Goods. You will be refunded the price paid for the Goods and/or Bespoke Goods and for delivery, subject to the following limitations and deductions:
  1. If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
  2. Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is 3-5 days, but you select 24 hours, your refund for delivery charges will only be equivalent to the cost of the cheaper option.
2. All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
  1. The day on which We receive the returned Goods;
  2. The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
  3. If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
  4. If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.
Our Liability
1. Our liability to consumers:
  1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
  2. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
  3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.1.
2. Our liability to businesses:
  1. Subject to sub-Clause 20.2.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
  2. Subject to sub-Clause 20.2.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you for the Goods and/or Bespoke Goods under the Contract in question.
  3. Except to the extent expressly set out in sub-Clause 14.2, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
  4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.
Complaints and Feedback
1. We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
2. If you wish to complain about any aspect of your dealings with Us, please contact Us by email to: contact@fourfrog.co.uk or contact@resinwoodguitars.co.uk
How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy & Cookies Policy, available from www.fourfrog.co.uk/privacy-policy or www.resinwoodguitars.co.uk/privacy-policyy.
What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
Other Important Terms
1. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
2. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
3. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
4. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
Law and Jurisdiction
1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 25.1 takes away from or reduces your legal rights as a consumer.
3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
4. If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Four Frog Instruments Ltd TERMS of Sale

BACKGROUND:

Definitions and Interpretation

Information About Us

How to Contact Us

Access to Our Sites and Use of Our Sites

Changes to these Terms of Sale

Business and Consumer Customers

International Customers

Goods, Descriptions, and Changes

Pricing

Orders and How Contracts Are Formed

Payment

When You Own the Goods and/or Bespoke Goods

Delivery

Faulty, Damaged, or Incorrect Goods and/or Bespoke Goods

Your Rights to Cancel and End the Contract

Cancelling and Ending the Contract if You Change Your Mind

Cancelling and Ending the Contract Because of Something We Have Done or Will Do

Returning Goods and/or Bespoke Goods After Cancelling and Ending the Contract

Refunds

Our Liability

Complaints and Feedback

How We Use Your Personal Information

What Happens if We Transfer this Agreement to Another Party

Other Important Terms

Law and Jurisdiction