Terms and Conditions
Incorporating Privacy Policy
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern acting as an Agent with you and prospective Purchaser in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
These Terms and Conditions also include details published within the Website such as COSTS etc.
1. Terms and Conditions
a. Black Mountain Guitars provide an independent platform which allows sellers of Instruments and related Accessories to offer for sale said equipment on this website. Black Mountain Guitars accepts no responsibility whatsoever for any information provided on the website or documentation, and all users accept fully responsibility for their own actions.
b. All transactions must be via PayPal. All transactions will be in Pounds Sterling (British Pounds).
c. This service is for the United Kingdom only.
d. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
2. Disclaimer
a. Black Mountain Guitars provides www.blackmountainguitars.uk as a service to the seller and purchaser only.
b. Black Mountain Guitars is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the website. The information contained within the website is periodically updated, no guarantee is given that the information provided on the website is correct, complete, and up to date. Any reliance you place on such information on the website is therefore strictly at your own risk.
c. The website (including all content on it) is provided by us on an "as is" basis and we make no representations, guarantees or warranties of any kind, either express or implied, including without limitation, warranties as to quality, for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our websites and any information or content contained therein. We accept no responsibility and make no representations, guarantees, or warranties that the website Black Mountain Guitars operate continuously, without interruptions or be fault-free. We may need to make the website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.
d. Access to and use of the information on this website is subject to the following terms and conditions:
i) The sole purpose of this website is to provide a service between seller and buyer of Instruments and associated articles.
ii) Although the Black Mountain Guitars website may include links providing direct access to other internet resources, including websites, Black Mountain Guitars is not responsible for the accuracy or content of information contained in these websites.
iii) Links from Black Mountain Guitars to third party websites do not constitute an endorsement by Black Mountain Guitars of the parties or their products and services. The appearance on the website of advertisements and product or service information does not constitute an endorsement by Black Mountain Guitars, and Black Mountain Guitars has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
iv) We may from time to time change the content of this website or suspend or discontinue any part of the website or its content.
3. Data Protection and Privacy Policy
a. Black Mountain Guitars may processes personal information to enable us to provide services as a marketplace,
b. Our Privacy Policy forms part of these Terms and Conditions and users of the website should refer to these policies also.
4. Viruses
a. We do not guarantee that the website Black Mountain Guitars to be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme and platform in order to access the website. You should use your own virus protection software. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website are stored, or any server, computer or database connected to the website. b. We Black Mountain Guitars will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
5. Intellectual Property
a. We are the owner of intellectual property rights on the website, information and content available on the website, any database operated by us, any proprietary software used by us to enable you to use this website ("Software") and the underlying source code. Much of this information and content is protected by copyright, trademark, database rights, design rights (including in the "look and feel" and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.
b. You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this website. Any such use of an automated program is prohibited and shall be a breach of these Terms.
c. You may not reproduce, republish, transmit or distribute any material, information or content on this website, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the website and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the website and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to this website.
6. Definitions
Seller:
The Seller of the item(s) is the person responsible for posting the advertisement, ensuring all descriptions, pictures and comments are accurate. Further they are also responsible for the condition, transportation and any after sales remedial actions that may be required at their expense.
After one month - or sooner at our discretion - adverts will be removed with no costs incurred.
Once a prospective Purchaser(s) has shown interest or agreed to buy you must NOT remove advert or sell elsewhere unless you have been told by Black Mountain Guitars that an interested party has pulled out.
Purchaser:
The Purchaser is the person agreeing to buy the advertised item(s) at the price shown. They are also responsible for paying for the item(s) immediately, for checking and signing for the item(s) on delivery and for informing Black Mountain Guitars of any problem(s) with any item(s) immediately.
Black Mountain Guitars:
Black Mountain Guitars act as an ‘agent’ between the Seller and the Purchaser. All transactions and correspondence will be undertaken by them to ensure a smooth sale. On completion of the sale and satisfactory receipt of the goods Black Mountain Guitars’s responsibility will end. Any after sale problems will initially be raised and the “agent” will notify each party accordingly advising each party of the others contact details who will then resolve the situation amicably between themselves.
7. Privacy Policy
a. Black Mountain Guitars processes personal information to enable us to provide services as an Agent.
b. By requesting or using our services you accept and consent to our use of your personal data as outlined in this policy.
c.We take Data Protection seriously and works to ensure that a culture and awareness of the importance of Data Protection flows through our business. This policy (together with our terms of use and any other documents referred to in it) sets out the basis on which any personal information we collect from you, or that you provide to us, will be managed and processed by us.
8. Your Personal Data
a. We may collect and process the following information about you that you provide to us: You may provide us with information by filling in forms on our website or by corresponding with us by phone, email or otherwise. The information you give us may include your name, address, email address and phone number and other data.
b. When you visit our website, we may automatically collect information about your computer or mobile device, including your IP address, information about your visit, your browsing history, and how you use our website or app. This information may be combined with other information you provide to us, as described above.
c. We primarily may use personal information about you in connection with the following purposes:
i) To provide you with the information, products and services that you request from us
ii) To enable you to participate in interactive features of our service when you choose to do so
d. We may also record data to measure or understand the effectiveness of the marketing that we serve to you, which may be based on your activity on our website.
e. We may also use your data to update you about service improvements or changes to services, to administer our website and for internal business administration and operations, including troubleshooting, testing, research, statistical and survey purposes.
f. We may also receive and store data from analytics providers and search engine providers that assist us in the improvement and optimisation of our website. Your personal information is generally shared in a form that does not directly identify you.
9. Sharing your Personal Data
a. We may also share your personal information with third parties in the following circumstances:
b. When required to do so by a Court Order.
c. Although the Black Mountain Guitars website includes links providing direct access to other internet resources, including websites, Black Mountain Guitars is not responsible for the accuracy or content of information contained in these sites. Black Mountain Guitars cannot be responsible for the data protection provided by such sites and we only provide personal data to such sites if requested to do so by our users. Users should make their own enquiries and assessment of the adequacy of data protection provided by those sites.
10. Disclosure by Law
a. Black Mountain Guitars may make Black Mountain Guitars personal information, to the extent it is required to do so, to any competent and duly authorised legal or regulatory body, including for example HMRC with regards to matters of taxation.
11. Where we store your personal information
a. Black Mountain Guitars may store its data on both its own secure internal servers and within the secured hosting infrastructure provided by Amazon Web Services – a hosting business of considerable reputation.
12. Security of Your Data
a. We take security of the website and data security very seriously – not least as offering a safe and secure method to do business is a key selling point of our business and therefore the reputable implications of a security breach or data breach are at the forefront of our minds.
b. All data transfer takes place securely and in an encrypted fashion. Black Mountain Guitars adopt best practices and industry standards which are proportional to a business of this size and relevant to the nature of the business we conduct.
c. All computer access is secured with strong password authentication and access to shared network drives is limited to only authorised staff. Passwords are changed periodically. Data is stored on secure and encrypted hosted infrastructure. All computers have anti-virus & anti-malware software installed which is updates continually.
d. Where we have given you, or where you have chosen, a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
e. Unfortunately, the transmission of information via the internet is not completely secure. Although we Black Mountain Guitars do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our website; any transmission is at your own risk. Once we have received your information, we Black Mountain Guitars use strict procedures and security features to try to prevent unauthorised access.
13. Cookies
a. The Black Mountain Guitars website uses Cookies, these are mandatory for all users.
14. Your Rights
a. You have the right to ask us to change or delete any information help about you by requesting this via email to: dwo@bluecob.com, Subject: Data Protection.
b. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. In most cases we Black Mountain Guitars not charge a fee for access. If the request is manifestly unfounded or excessive, or if an individual requests further copies of their data following a request, we may charge a reasonable fee for the administrative costs of complying with the request.
c. Under new GDPR laws, individuals have the right to be “forgotten.” If requested in writing by you, we Black Mountain Guitars delete all information on you from our records, both electronic and paper, but please note that Black Mountain Guitar mean we Black Mountain Guitars be unable to contact you in the future.
15. Confidentiality
a. We acknowledge that the information you provide may be confidential. We do not sell, rent, distribute or otherwise make personal information commercially Black Mountain Guitars to any third party.
16. Children
a. Our website is not directed at, nor do we knowingly collect personal data from, people under the age of 18.
17. Definition
a. The term ‘Black Mountain Guitars’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ or ‘Seller’ or 'Purchaser’ refers to the users or viewers of our website.
18. Changes to this Privacy Policy
a. From time to time, we may change this Policy. Changes to this Policy are effective as of the effective date listed above and indicates the last time this Policy was revised or materially changed. Your continued use of this website indicates your consent to the changes to this Policy.
19. Contact
a. If you have any questions or queries about the information contained in this Privacy Policy, or wish to update your personal data, or to request a copy of what data Black Mountain Guitars holds about you or any other matters regarding Data Protection please contact: dwo@bluecob.com
20. Services
a. Subject to these Terms and Conditions, Black Mountain Guitars (or any Group Company as Black Mountain Guitars may determine) provide the Seller/Purchaser with the Services. b. Black Mountain Guitars may vary the Services from time to time with or without notice. It is suggested you read there Terms and Conditions periodically.
21. Black Mountain Guitars
a. May in its absolute discretion, at any time and without notice remove, cause to be removed or decline to display any Content on the Website at it’s discretion.
22. Fees
a. Fees as shown on the Website from time to time.
b. Black Mountain Guitars shall charge the Seller 10% of the total agreed price.
c. The “agreed price” will be the cost of the items plus any PayPal fees.
d. The “agreed price” and the “fees” can be changed at any time without notice.
e. After one month - or sooner at our discretion - adverts will be removed with no costs incurred.
f. Any resolution of any problems undertaken via Black Mountain Guitars will be charged at 10% to cover costs and PayPal charges.
23. Liability
a. All warranties, conditions, representations or other terms implied by statute or common law in relation to the Website(s) and any Services provided by Black Mountain Guitars are excluded to the fullest extent permitted by law.
b. Black Mountain Guitars shall not be liable for any loss of business, contracts, profits, anticipated profits, data, or for damage to hardware and software, or for any indirect, special or consequential loss or damage whatsoever.
c. Nothing in the terms and conditions shall exclude or limit Black Mountain Guitars for death or personal injury resulting from the negligence of Black Mountain Guitars or the Group or for fraud or any other Black Mountain Guitars that cannot be excluded or limited by law.
24 Confidentiality
a. Black Mountain Guitars and agree to keep any and all Confidential Information that is obtained about the other strictly confidential. "Confidential Information" means any information or matter concerning the business, finances, technology or affairs of the other party which is not in the public domain (other than by breach of this clause) but shall not include any information that either party is required to disclose by law or which has come into the public domain other than by breach of this clause. This clause shall survive termination of the Contract.
25. Term and Termination
a. This Agreement shall commence on acceptance by the Seller.
b. Following the commencement of this Agreement, this Agreement shall continue until Black Mountain Guitars the source a seller and monies received accordingly.
c. Black Mountain Guitars shall be entitled to terminate the contract immediately at any time.
d. The contract will terminate immediately on the purchaser receiving satisfactory goods as purchased.
26. Force majeure
Black Mountain Guitars shall not be liable for any delay or non-performance under the Contract caused by a Force Majeure Event, provided that the party affected gives prompt notice in writing to the other party of such event and uses reasonable endeavours to continue to perform its obligations under the Contract.
