Effective Date: 1st August 2025
These Terms and Conditions of Sale (“Terms”) govern all sales of physical books (“Printed Books”) and digital books (“eBooks”) from David Herries Guitar Teaching (“we”, “our”, “us”) to consumers (“you”, “your”). Please read them carefully before placing an order.
1. ABOUT US
David Herries Guitar Teaching is a sole trader business operated by David Herries.
Business Details:
– Sole Trader: David Herries Guitar Teaching
– Business Address: David Herries, Initial Business Centre, Unit 7 Wilson Business Park, Manchester, M40 8WN.
For customer service queries, please contact us at:
– Email: guitarquest@davidherries.co.uk
– Post: David Herries, Initial Business Centre, Unit 7 Wilson Business Park, Manchester, M40 8WN.
2. PRE-CONTRACT INFORMATION
Before you place an order, please note the following mandatory information:
Main Product Characteristics:
– Printed Books: Physical guitar tutorial books with educational content, chord charts, and musical notation.
– eBooks: Digital guitar tutorial books in PDF format containing the same educational content as printed versions.
– Total Price: All prices displayed include VAT (where applicable) and are in British Pounds (£). Delivery costs for printed books are included in the total price.
– Payment: Payment is required in full before dispatch or download is handled by our third-party payment processor Payhip
– Delivery:
   – Printed Books: Delivered within the UK only by Royal Mail.
   – eBooks: Delivered immediately via email download link.
– Right to Cancel: You have 14 days to cancel printed book orders. Digital content / eBook orders cannot be cancelled once the download link is provided.
– Complaints: Contact us at guitarquest@davidherries.co.uk or see Section 11 for dispute resolution procedures.
3. GENERAL TERMS
3.1 Application of Terms
These Terms apply to all purchases made through our website. By placing an order, you agree to be bound by these Terms.
3.2 Changes to These Terms
We may change these Terms occasionally for reasons including:
– changes in the law or regulatory requirements,
– improvements to our systems,
– technical or security enhancements.
If we do, we will publish the updated Terms on our website and indicate the effective date. The revised Terms will only apply to future orders.
3.3 Legal Capacity
You must be over 18 or have consent from a parent/guardian to purchase from us.
3.4 Educational Content and Health & Safety Disclaimers
Our guitar tutorial books provide educational content to support your musical learning. Please note:
3.5 Learning Expectations:
– Learning outcomes depend on individual practice, dedication, and musical aptitude.
– We make no guarantee regarding musical proficiency or skill development.
– These materials are designed to supplement, not replace, professional music instruction.Â
– Individual results may vary based on prior musical experience and practice commitment.
– Learning timelines vary significantly based on individual practice time, prior musical experience, and natural aptitude.
– Estimates provided are based on average student progress with consistent daily practice.
3.6 Health and Safety:
– Physical Safety: Consult a medical professional if you experience pain, strain, or discomfort while playing guitar.
– Proper Technique: We recommend maintaining proper posture and taking regular breaks during practice sessions.Â
– Hearing Protection: Use appropriate volume levels when practicing with amplifiers or audio equipment.
– Equipment Safety: Ensure all musical equipment is properly maintained and used according to manufacturer instructions.
3.7 Professional Boundaries:
– We provide educational materials only, not professional music therapy or medical treatment.
– For serious musical development, we recommend supplementing with qualified music teachers.
4. PRODUCTS AND INTELLECTUAL PROPERTY
4.1 Product Descriptions
We take care to describe all products accurately.
Printed Books:
– Covers, editions, and images shown are representative.
– Minor variations in binding, paper quality, or print clarity may occur within reasonable manufacturing tolerances.
– Dimensions and page counts are approximate.
– Content includes chord diagrams, musical notation, and instructional text as described.
eBooks:
– Available in PDF format only.
– File size: up to 10MB.
– Ensure your device can open PDF files before purchasing.
– Compatible with most computers, tablets, and smartphones with PDF reading capability.
Supplementary YouTube Content:
– Free supplementary video content may be available on our YouTube channel.
– YouTube videos are provided as complimentary content to enhance your learning experience.
– Video content is subject to YouTube’s terms of service and community guidelines.
– We cannot guarantee continuous availability of YouTube content due to platform policies beyond our control.
– Video access may be restricted in certain geographic regions due to YouTube’s policies.
– Your purchase rights relate to the book content only; YouTube videos are additional free resources.
4.2 Copyright and Intellectual Property
Our Original Content:
– All original instructional content, arrangements, chord progressions, and written materials are Copyright © 2025 David Herries. All rights reserved.
– Original guitar arrangements and chord progressions contained in our books are our intellectual property.
Third-Party Content:
– Any traditional songs, folk melodies, or public domain musical works are acknowledged as such.
– We use copyrighted material only under fair dealing provisions for educational purposes.
– Chord progressions for popular songs are presented for educational use only.
– Students are responsible for obtaining appropriate licenses for any public performance or commercial use.
4.3 Availability
All items are subject to availability. If a product is unavailable after you’ve placed an order, we’ll inform you promptly and offer either:
– A full refund, or
– A substitute item of equivalent value (with your consent).
5. ORDERS & PAYMENTS
5.1 Order Process and Contract Formation
Your order constitutes an offer to buy. A binding contract is formed when:
– For Printed Books: We accept your order and dispatch the product.
– For eBooks: We accept your order and send the download link by email.
We’ll send an order acknowledgment email after you place the order, but this does not constitute acceptance of your offer.
5.2 Right to Reject Orders
We reserve the right to reject any order, for example if:
– shipping is requested to a location outside the UK (for Printed Books),
– there is a pricing or listing error,
– we suspect fraudulent activity or misuse,
– payment cannot be processed by our payment processor.
If an order is rejected, we’ll notify you promptly and aim to refund any payment received within 14 days.
5.3 Pricing
– All prices are in British Pounds (£) and include VAT where applicable.
– Delivery costs for printed books are calculated and displayed at checkout.
– Prices may be subject to change but will not affect orders already placed and confirmed.
5.4 Payment Methods and Processing
– We accept payments through our third-party payment processor: Payhip
– Available payment methods: All major credit and debit cards
– You must pay in full before we dispatch Printed Books or issue access to eBooks.
– Your payment will be processed according to Payhip terms and conditions.
– For refunds, we will use the same payment method you used for the original transaction.
5.5 Payment Issues
If a payment fails or is reversed after a product has been dispatched or downloaded:
– We will contact you to resolve the payment issue.
– We reserve the right to suspend further services until payment is resolved.
– We may seek debt recovery through appropriate legal channels if necessary.
– Any costs incurred in debt recovery may be added to the outstanding amount.
6. DELIVERY
6.1 Printed Books
6.1.1 Delivery Information
Delivery Area:
– UK mainland only.
– Delivery Time: We aim to dispatch within 2 working days. Estimated delivery time is 3-5 working days from dispatch via Royal Mail
– Maximum Delivery Period: If delivery has not occurred within 30 days of your order, you may cancel and receive a full refund.
– Delivery Address: Ensure your delivery address is complete and accurate. We are not liable for delays caused by incorrect addresses.
6.1.2 Delivery Issues
– We are not liable for delays caused by postal services, customs, extreme weather, or other events beyond our reasonable control.
– If delivery is delayed beyond 30 days, you may cancel your order and receive a full refund minus any reasonable costs we have incurred.
– Risk and Title: Risk of loss passes to you upon delivery. Legal title to the physical product remains with us until full payment is confirmed. This clause relates solely to ownership of your purchased copy and does not transfer any intellectual property rights, copyrights, or publishing rights in the work.
6.2 eBooks
6.2.1 Digital Delivery
– Your eBook will be delivered via email as a download link to the email address provided during checkout.
– Delivery typically occurs immediately after payment confirmation.
– Check your spam/junk folder if you don’t receive the email within 1 hour.
6.2.2 Technical Requirements and Restrictions
– eBooks are provided in PDF format.
– You are responsible for ensuring your device can open PDF files.
– Files may include digital watermarking containing your order details to prevent unauthorised distribution.
– Download Limit: You can attempt to download via the download link 5 times.
– You are responsible for ensuring your device has appropriate virus protection and security measures in place. You should scan all downloaded files before opening. See clause 13 for full security terms and limitations of liability.
6.2.3 Download Issues
If you experience technical difficulties downloading your eBook due to our error, contact us at guitarquest@davidherries.co.uk and we will provide assistance or resend the download link.
7. CANCELLATION & REFUNDS
7.1 Your Right to Cancel Printed Books
Under the Consumer Contracts Regulations 2013, you have the right to cancel your Printed Book order within 14 days of delivery without giving a reason.
To Cancel:
– Email us at guitarquest@davidherries.co.uk, or
– Write to us at: David Herries, Initial Business Centre, Unit 7 Wilson Business Park, Manchester, M40 8WN, or
– Use the model cancellation form below.
State your name, order number, and your decision to cancel.
Returning Items:
– You must return the item(s) within 14 days of telling us you want to cancel.
– Items must be in original, unused condition with original packaging.
– You are responsible for the cost of returning items unless they are faulty.
– We recommend using a tracked postal service
Refunds:
– We will refund the full purchase price (excluding original delivery costs) within 14 days of receiving the returned item.
– Refunds will be made using the same payment method you used for purchase.
– We may withhold the refund until we receive the returned goods.
7.2 eBooks and Digital Content  – No Right to Cancel
Important: You do not have a right to cancel eBook purchases once we have sent the download link, as digital content is exempt from cancellation rights once delivery has begun with your consent.
By completing your eBook purchase, you expressly acknowledge and agree that:
– You are providing consent for us to begin delivery immediately.
– You understand you will lose your right to cancel once the download link is provided.
– Delivery begins when we send the download link to your email address.
– Supplementary YouTube videos are complimentary additional content and do not affect your cancellation rights for the main product.
7.3 Mixed Media Content Considerations
YouTube Video Availability:
– If supplementary YouTube videos become unavailable due to platform policies, technical issues, or content removal, this does not affect your rights regarding the book content.
– YouTube videos are provided as free additional resources and are not part of the core product offering.
– Unavailability of YouTube content does not constitute grounds for refund of book purchases.
– We will endeavour to provide alternative access to essential instructional content if YouTube videos are permanently removed.
7.4 Faulty or Misdescribed Products
Under the Consumer Rights Act 2015, if goods are faulty or not as described, you are entitled to:
For Printed Books:
– A replacement or full refund if the book is defective, damaged, or significantly different from our description.
– Contact us within a reasonable time of discovering the fault.
For eBooks:
– A replacement download or refund if the file is corrupted or cannot be opened due to our error.
– Technical issues due to your device compatibility are not covered unless we failed to provide adequate technical requirements.
7.5 Model Cancellation Form
To: David Herries Guitar Teaching, guitarquest@davidherries.co.uk, David Herries, Initial Business Centre, Unit 7 Wilson Business Park, Manchester, M40 8WN.
I hereby give notice that I cancel my contract of sale for the following goods:
Order Number: _______________
Ordered on: _______________
Name of Customer: _______________
Address of Customer: _______________
Signature of Customer: _______________ (only if this form is notified on paper)
Date: _______________
8. LICENSE TERMS FOR EBOOKS AND DIGITAL CONTENT
8.1 License Grant
You are granted a personal, non-exclusive, non-transferable license to access and use the eBook and any associated digital materials for your personal educational purposes only.
8.2 Permitted Uses
You may:
– Read the eBook on compatible devices for personal learning.
– Make one backup copy for personal use only.
– Print the book for personal study only.
– Use the instructional content for private practice and learning.
– Access supplementary YouTube videos for educational purposes.
8.3 Prohibited Uses
You may not:
– Share, distribute, or resell the eBook or any digital content.
– Remove or alter copyright notices or watermarks.
– Convert to other formats for distribution purposes.
– Upload to file-sharing platforms or make available online.
– Copy or reproduce musical arrangements for commercial use.
8.4 Educational Use Clarification
Personal Learning: These materials are licensed for your personal guitar learning journey only.
Public Performance: Any public performance of songs or arrangements from our books may require separate licensing from PRS for Music or other relevant licensing bodies.
8.5 Breach of License
Breach of these license terms may result in:
– Immediate termination of your access rights.
– Legal action for copyright infringement.
– Claims for damages and legal costs.
– Removal of access to supplementary YouTube content.
9. PRIVACY AND DATA PROTECTION
9.1 Data Processing
We process your personal data in accordance with UK GDPR and the Data Protection Act 2018.
Legal Basis: We process your data based on:
– Contract performance (to fulfil your order).
– Legal obligation (for tax and accounting records).
– Legitimate interests (for customer service and business operations).
Data We Collect:
– Name, email address, delivery address.
– Payment information (processed securely by Payhip).
– Order history and communication records.
9.2 Data Retention
– Order and customer data: Retained for 7 years for tax and legal compliance.
– Marketing data: Until you opt out or we no longer have a legitimate need.
9.3 Your Rights
You have the right to:
– Access your personal data.
– Rectify inaccurate data.
– Erase data (where legally permissible).
– Object to processing.
– Data portability.
– Lodge a complaint with the ICO.
You can read the full Privacy Policy on our website: Privacy Policy
10. LIABILITY AND YOUR STATUTORY RIGHTS
10.1 Our Liability to You
Nothing in these Terms excludes or limits our liability for:
– Death or personal injury caused by our negligence.
– Fraud or fraudulent misrepresentation.
– Breach of your statutory rights as a consumer.
– Any other liability that cannot be excluded by law.
10.2 Limited Liability
Subject to section 10.1, our liability is limited as follows:
– We are not liable for business losses, lost profits, or business interruption.
– We are not liable for indirect or consequential losses.
– Our total liability for any claim is limited to the amount you paid for the specific product.
– We are not liable for issues arising from your negligence or misuse of our products.
– We exclude all liability for any damage, loss, or corruption to your devices, data, or systems arising from the use of our website or digital products, except where prohibited by law.
Educational Content Specific Limitations:
– We are not liable for lack of musical progress or failure to achieve learning goals.
– We are not liable for physical injury resulting from improper playing technique or failure to follow health and safety guidance.
– We are not liable for hearing damage resulting from excessive volume or improper use of audio equipment.
– We are not liable for damage to musical instruments or equipment.
Third-Party Platform Limitations:
– We are not liable for YouTube’s availability, content policies, or technical issues.
– We are not liable for restrictions or removal of supplementary video content due to platform policies.
– We are not liable for changes to third-party platform terms of service.
10.3 Your Statutory Rights
Important: These Terms do not affect your statutory rights under consumer protection law, including the Consumer Rights Act 2015. For information about your statutory rights, contact your local Trading Standards office or Citizens Advice.
11. DISPUTES AND RESOLUTION
11.1 Complaint Procedure
If you have a complaint:
1. Contact us first: Email guitarquest@davidherries.co.uk with details of your complaint.
2. Our response: We aim to acknowledge complaints within 3 working days and aim to provide a substantive response within 14 days.
3. Escalation: If unsatisfied with our response, you may contact:
– Trading Standards: via your local council.
– Citizens Advice Consumer Service: 0808 223 1133.
– Alternative Dispute Resolution: Trading Standards – ADR Approved Bodies.
11.2 Miscellaneous
Jurisdiction:
Governing Law: These Terms are governed by the laws of England and Wales.
By purchasing digital products from us, you agree that any disputes will be resolved exclusively in the courts of England and Wales under English law, regardless of your location.
This jurisdiction clause applies to the fullest extent permitted by law.
12. CONTRACT TERMS
12.1 Contract Structure
This is a contract for the sale of specific products. Each order creates a separate contract for those goods.
12.2 Survival
The following clauses survive termination of the contract:
– Liability limitations.
– Intellectual property restrictions.
– Privacy and data protection.
– Dispute resolution procedures.
12.3 Assignment
– Your Rights: You may not transfer your rights under this contract to anyone else.
– Our Rights: We may transfer our rights and obligations to another business, but this will not affect your statutory rights.
12.4 Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining parts will continue in full force and effect.
12.5 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it later.
12.6 Third Party Rights
No one other than you and us has any rights under this contract (Contracts (Rights of Third Parties) Act 1999).
13. SECURITY AND VIRUS PROTECTION
13.1 Digital Security
While we take reasonable precautions to ensure our website and digital products are free from viruses and malicious code, we cannot guarantee complete security. You acknowledge that:
– No digital transmission or download can be guaranteed 100% secure
– You are responsible for implementing appropriate virus protection and security measures on your devices
– You should scan all downloaded files before opening
– You use our website and download our products at your own risk regarding digital security
13.2 Your Responsibilities
You must:
– Maintain up-to-date antivirus software and security systems.
– Not attempt to introduce viruses, malware, or other harmful code to our systems.
– Report any suspected security issues to us immediately.
– Take reasonable precautions to protect your devices and data.
13.3 Limitation of Liability for Security Issues
– We exclude all liability for any damage, loss, or corruption to your devices, data, or systems arising from the use of our website or digital products, except where prohibited by law.
14. ADDITIONAL INFORMATION
14.1 Future Services
We reserve the right to introduce additional services (such as subscription-based content) subject to separate terms and conditions that will be presented to you before you agree to such services.
14.2 Accessibility and Age-Appropriate Content
We are committed to making our products accessible. If you have specific accessibility requirements, please contact us at guitarquest@davidherries.co.uk.
Age Considerations:
– Parents/guardians should supervise young children during guitar practice.
– We recommend age-appropriate practice durations and break frequencies.
14.3 Platform Dependencies and Technical Requirements
YouTube Integration:
– Supplementary video content relies on YouTube’s platform and policies.
– Video availability may vary by geographic region.
– We are not responsible for YouTube platform changes, outages, or policy updates.
– Alternative access methods will be considered if videos become permanently unavailable.
Technical Compatibility:
– PDF eBooks require compatible reading software.
– Video content requires internet connection and compatible web browser.
– We recommend testing compatibility before purchase when possible.
14.4 Force Majeure
We are not liable for delays or failures in performance resulting from acts beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or government actions.
Last Updated: 01.08.2025 Version: V1.0
For questions about these Terms, please contact us at guitarquest@davidherries.co.uk.
