These Terms and Conditions govern your use of the websites, products, and services offered by Westcreek Guitars®. Please read them carefully – by accessing our sites, ordering products, or using our services you agree to be bound by these Terms.
1. Definitions
“Westcreek Guitars®”, “Westcreek”, “we”, “us”, or “our” refers to Westcreek Guitars and its subsidiaries, affiliates, directors, officers, employees, assigns, and agents.
“You” or “your” refers to the individual accessing our sites or using our services. If you access a Westcreek site or purchase on behalf of another person or entity, you confirm you are authorized to accept these Terms on their behalf.
“Westcreek site” includes www.westcreek-guitars.com, store.westcreek-guitars.com, and any associated pages, blogs, social media channels, or mobile apps.
“Services” means any offering provided by Westcreek Guitars® including guitar sales, warranties, support, lessons, events, sweepstakes, or other services.
“Products” means guitars, parts, accessories, merchandise, or other physical goods offered for sale on Westcreek sites.
2. Use of Westcreek Sites and Services
2.1 Eligibility: You must be 18 or older to purchase Products. Minors using our sites must have parental consent.
2.2 Account Registration: Some Services require you to register for an account. You must provide accurate information and update details if they change. Each account is limited to one individual user. Account sharing, transferring, or reselling is prohibited.
2.3 Responsible Use: You must use Westcreek Sites and Services only for lawful purposes permitted by these Terms. You are responsible for all activity related to your access and any actions taken while signed into your account.
2.4 Intellectual Property: All content on our Sites, including brands, logos, data, images, videos, graphics, and page layouts are the property of Westcreek Guitars® and protected by copyright, trademark, and other laws. You may not copy, imitate, or use them without our written permission.
2.5 User Content: Comments, suggestions, ideas, or other information you submit to us become our property. You grant us perpetual, worldwide rights to reuse or redistribute them in any way.
2.6 Rules of Conduct: On Westcreek Sites and when using Services, you may not:
- Violate any laws or regulations
- Post offensive, threatening, inappropriate, or infringing content
- Intentionally distribute viruses or malware
- Use for commercial purposes without permission
- Access or tamper with nonpublic areas
- Interfere with or damage site performance
- Attempt to gain unauthorized access to Services
- Copy, modify, distribute, reverse engineer, or disassemble any portion of the Sites
- Violate the privacy rights or intellectual property rights of others
- Transfer any rights granted to you under these Terms
2.7 Actions We May Take: If we believe you have violated these Terms, we may take actions including:
- Remove or block your access to our Sites and Services
- Cancel orders or disable your account
- Retain payments or proceeds from Product sales as recovery for damages
- Issue you a warning
- Pursue legal action against you
- Report activity to law enforcement as appropriate
3. Sales, Payment, Shipping
3.1 Product Pricing: Prices for Products sold on Westcreek Sites are as displayed on the checkout page. We reserve the right to adjust pricing at any time before you place an order.
3.2 Sales Tax: If you purchase Products, sales tax may apply based on your location and will be added to the total at checkout.
3.3 Promotions: Promotional offers may expire or have additional restrictions. Discounts do not apply to custom, special order, or already discounted items unless explicitly mentioned in the offer terms. Westcreek Guitars® may modify or end promotions at any time without notice. Discounts have no cash value. Void where prohibited.
3.4 Payment Processing: You authorize us to charge your selected payment method when you submit an order. We accept major credit cards and select alternate methods displayed at checkout. If charges fail or are declined, we may cancel your order. You are responsible for any fees your bank may charge for processing payments.
3.5 Order Review: For your protection, we review all orders prior to fulfillment to prevent fraud and ensure we can fulfill your order. We may contact you to confirm order details or request additional verification or information.
3.6 Shipping and Delivery: We will make reasonable efforts to fulfill your order according to our estimated timeframes. Shipping dates are estimates only – we are not liable for delays or shipping date changes.
3.7 Shipping Cost and Title: You agree to pay quoted shipping and handling charges shown at checkout based on your destination, service level, weight, and other factors. Standard ground shipping is covered for orders over $99, otherwise shipping fees apply. Title and risk of loss passes to you when we transfer the Products to the carrier.
3.8 Customs, Duties, and Taxes: If ordering internationally, you are responsible for all import duties, clearance charges, taxes, brokerage fees, or other charges required to deliver the Products. Please check with local authorities.
3.9 Returns and Exchanges: To be eligible for a return, Products must be in new condition with tags attached and must be returned within 30 days of shipment. Custom orders are not refundable. Approved returns will receive a full refund or credit. You are responsible for return shipping charges unless the return is due to our error.
3.10 Backorders: We will notify you and seek your approval if any items in your order are out of stock and will be placed on backorder. You will only be charged for items when they ship. However, we may cancel backorders if unavailable after 30 days.
4. Accounts and Passwords
4.1 Your account provides access to the personalized Services and content we provide via Westcreek Sites. Keep your account password confidential and do not share it with others.
4.2 You are responsible for all activity that occurs in your account. Notify us immediately of any unauthorized account use. Accounts may not be transferred or sold to other parties.
4.3 We reserve the right to terminate accounts and associated benefits, including for reasons like prolonged inactivity, rule violations, abuse, or fraudulent activity. Cancelled accounts will result in loss of associated Content.
5. User Content
5.1 Content you submit to Westcreek Sites, including photos, graphics, commentary, or data, is covered by our Privacy Policy. You grant us a perpetual, royalty-free license to reuse it in any way.
5.2 Posting content represents your certification that you own or have rights to distribute it, and that it does not violate laws or intellectual property rights of others.
5.3 We reserve the right to delete or modify User Content at any time without notice at our sole discretion. We may preserve copies for legal, archival or records retention purposes.
6. Sweepstakes and Contests
6.1 Official Rules: Participation in sweepstakes, contests, and promotions (“Promotions”) may require your acceptance of official rules or terms outlined on a promotional page or in promotional materials. Please review these closely. By entering a Promotion, you agree to abide by any such rules.
6.2 Eligibility: Promotions may be limited to certain ages, locations, or other eligibility criteria. You are responsible for reviewing requirements for any Promotion you enter.
6.3 Winner Selection: Winners will be selected according to method stated for each Promotion. Selection methods may include random drawing, voting, submission ranking, or other methods, at Sponsor’s discretion. All Sponsor decisions are final.
6.4 Notification and Prize Claims: Winners will be notified using the contact details provided at entry and may be required to respond with contact and eligibility information within a limited time period to receive a prize. Failing to comply may result in forfeiture or selection of an alternate winner. Prizes have no cash value unless otherwise stated. Winners are solely responsible for any taxes or fees on prizes. Prizes are non-transferable.
7. Reviews and Ratings
7.1 User Reviews: Reviews represent the subjective opinions and experiences of our customers. We do not confirm their accuracy and they do not represent our views. Reviews do not imply endorsement by Westcreek Guitars® unless explicitly stated.
7.2 Removal of Reviews: We reserve the right to remove reviews that contain offensive, inappropriate, or irrelevant content. Reviews may also be removed for reasons like review fraud, abuse, or that compromise integrity of the review system.
7.3 Review Guidelines: We may provide guidelines for submitting reviews, like requiring verification of product purchase. Failure to provide requested supporting proof may result in removal. Submitting misleading or false information may lead to account termination.
8. Warranties, Disclaimers, and Limitations
8.1 Product Warranties: Westcreek Guitars® offers a limited lifetime warranty on Products purchased new through authorized channels. Used, vintage, or grey market items have no warranty. Custom shop and custom order items have limited warranties stated at purchase.
Our warranties cover manufacturing defects in materials and craftsmanship only, not normal wear and tear or abuse. Within warranty periods, we will repair or replace qualifying items at our discretion. See full warranty terms for details, exclusions, and instructions.
8.2 Disclaimer of Other Warranties: Westcreek Guitars® provides no other express or implied warranties on products except our limited warranties stated herein. We expressly disclaim any implied warranties of merchantability or fitness for a particular purpose to the fullest extent permitted by law.
8.3 Damage Limitations: Westcreek Guitars® shall not be liable to you or any third party for incidental, consequential, indirect, or any special damages arising out of use of our Sites, Services, or Products. Some states do not allow exclusion of implied warranties or limitations on consumer rights, so some limitations above may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold Westcreek Guitars® harmless from any third party damages, liabilities, claims, or demands based on your use of our Sites, Services, or Products, including reasonable attorney’s fees and costs.
10. Changes to these Terms
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of Westcreek Sites and Services constitutes acceptance of any revisions. You should review these Terms regularly for changes. Material changes will be prominently posted.
11. Governing Law and Jurisdiction
These Terms shall be governed solely by the laws of the State of Michigan. Any disputes related to these Terms or your use of Westcreek Sites or Services must be brought exclusively in courts located in Washtenaw County, Michigan.
12. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain enforceable. The failure of Westcreek Guitars® to exercise rights under these Terms does not constitute a waiver of those rights.
13. Contact Us
If you have any questions about these Terms, please contact us at [email protected] or send written communication to Westcreek Guitars® Legal Department, 123 Guitar Way, Melody MI 49021 USA.
