Article 1: Object
The General Conditions of Sale described below detail the rights and obligations of the guitar lutherie company “Butterlin Guy” and of its client within the framework of the sale of goods (manufacture of guitars – sale of finished products and resale of goods. ) and artisanal services in violin making.
Any service performed by the company “Butterlin Guy” therefore implies the buyer’s unreserved acceptance of these General Terms and Conditions of Sale. This membership is considered effective upon signature by the customer of the quote or the intervention order as part of an intervention on a entrusted instrument (restoration, adjustment, customization, repair, maintenance, etc…).
Butterlin Guy, as creator and owner of Butterlin Guitars is inseparable from the latter entity and the two names may appear indifferently in these GTC for equal value.
Article 2: Price
The prices of the goods sold and of the artisanal services are those in force on the day of the signature of the estimate or the intervention order. They are expressed in euros and calculated net of taxes. Nevertheless, the company “Butterlin Guy” grants itself the right to modify its prices at any time.
In the event of a change in prices not attributable to the company “Butterlin Guy”, in the context of purchases of supplies or raw materials for example, the company will have the obligation to inform its customer as soon as possible. and to modify the estimate which will have to be signed again by the customer. The prices established in the estimate do not take into account any delivery costs (see article “delivery”)
Article 3: Discounts and rebates
No discounts or rebates will be granted after signing the quote or the intervention order.
Article 4: Discount
No discount will be granted in the event of early payment.
Article 5: Terms of payment
In the context of manufacturing, a non-refundable deposit of 20% will be required upon signing the quote, the balance upon delivery. No advance payment will be accepted.
By definition, no refund of the deposit will be made in the event of cancellation of the order. The order is validated from the moment the banking authorities have themselves validated the payment of the deposit.
As part of an intervention, a down payment may be requested for the exceptional purchase of supplies or goods. The signing of an estimate will mention the payment of this deposit. Payment for orders is made by cash, check or transfer (bank or Paypal®), as agreed between the two parties.
Full payment will be required upon delivery of the instrument (manufacture or intervention on entrusted instrument). The “Butterlin Guy” company retains ownership of the goods sold and entrusted until full payment of the price, in principal and in accessories. In the context of delivered products, refer to the “delivery” article.
In all cases, the instrument remains the property of Butterlin Guitars / Butterlin Guy until full payment of the price initially agreed, in accordance with Law No. 80-335 of May 12, 1980.
Article 6: Order abandonment
If during the manufacturing or the artisanal service, the customer abandons his order, the deposit is definitively lost. In the context of a manufacture which is particularly difficult to resell (very personalized or customized instrument), the company “Butterlin Guy” reserves the right to demand full payment for the order. Amicable solutions remain to be favored, however.
Article 7: Late payment and retention of title
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay a late payment penalty equal to 3 times the legal interest rate. The effective interest rate is that in effect on the day of delivery of the goods. This penalty is calculated on the amount including tax of the amount remaining due and runs from the due date of the price without any prior notice being required. In addition to late payment, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum indemnity of 40 euros due for recovery costs. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Article 8: Termination clause
If within 15 days following the implementation of the “late payment” clause, the buyer has not paid the sums still due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of the company “Butterlin Guy”.
Article 9: delivery
Whether as part of a manufacturing or an intervention on a entrusted instrument, the delivery must be effective at the headquarters of the company “Butterlin Guy”. The customer must come in person to collect the instrument. If a person other than the customer comes to collect the instrument, the responsibility of the company “Butterlin Guy” can in no way be engaged in the event of a dispute.
If the delivery is made by agreement between the two parties outside the head office for reasons of convenience (trade fair, exhibitions, home delivery, etc.), full payment may be required before hand delivery of the instrument by check or transfer. In the event of a sale at a trade fair or during an exhibition, the customer must give priority to immediate payment by bank transfer or Paypal® transfer.
The same General Conditions of Sale as in the workshop apply. In the event of delivery via a carrier, the costs as well as the risk of transport will be borne in full by the purchaser. In the event of damaged or lost goods, the purchaser will have to turn to the responsibility of the carrier. Under no circumstances can the company “Butterlin Guy” be held liable.
Article 10: Force majeure
The responsibility of the company “Butterlin Guy” cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these General Terms and Conditions of Sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
The manufacturing and delivery times indicated when ordering are indicative and variable. Butterlin Guy is an individual craft company, subject to contingencies that may affect the delivery times initially announced. As such, Butterlin Guy can in no way be held responsible for delays in delivery justifying an order cancellation. Nevertheless, Butterlin Guy guarantees to do everything possible to respect the announced deadlines.
Manufacturing and delivery times can in particular be extended if the customer wishes to make changes to his project under development or during manufacture. Butterlin Guy reserves the right to cancel an order which, because of the desired modifications, would take a direction going against the Butterlin Guitars identity or resulting in an instrument too far removed from the initial estimate. In the event that production has not yet started, the deposit will be returned with a flat-rate reduction of € 300 intended to compensate for lost time. In the event that this occurs during manufacture, no refund of the deposit can be granted to the customer.
Article 11: Guarantee
Butterlin Guitars instruments are guaranteed for 2 years from the date of invoice.
The warranty is only applicable to the first private purchaser.
The warranty covers any manufacturing defect.
It does not cover damage caused by normal wear and tear, misuse or improper storage. It does not cover changes to the original characteristics, nor damage suffered during transport. It does not cover spare parts (these are guaranteed by the manufacturer (s) and not by Butterlin Guy).
All dimensional variations of the instrument linked to climatic conditions are also excluded from the warranty, in fact, the instrument must be kept between 35% and 75% humidity. These include, among other things, shrinkage / expansion of varnish and wood, removal of keys linked to too low humidity (prominent ends of frets), etc…
Any varnish damage of any kind, sagging in the pores, yellowing, chips and scratches are totally excluded from this guarantee. Any modification made outside our workshops and / or by unauthorized persons and / or without prior agreement will void the warranty.
Within the framework of the present guarantee and according to the situation, Butterlin Guitars reserves the right to choose the mode of intervention on the instrument. Any repairs may be carried out at the Butterlin Guy workshop or at a trusted third party chosen by Butterlin Guy.
In accordance with this warranty, Butterlin Guy will take responsibility for any repair related to a manufacturing defect. Butterlin Guy reserves the right to replace the damaged instrument identically (as far as possible) if the repairs prove to be too complex or impracticable, or if the result of the repair does not allow, a priori, to restore the instrument in acceptable condition.
All costs associated with transporting the instrument under this warranty are the responsibility of the customer.
Article 12: Competent court
Any dispute relating to the interpretation and execution of these General Conditions of Sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the commercial chamber of the judicial court of Colmar.