Terms of service

 TERMS OF SERVICE

MythicGuitars.com
LMBHC LLC d/b/a Mythic Guitar Company
Effective Date: Aug 2024

1. Who We Are and What These Terms Cover

MythicGuitars.com (the "Site") is owned and operated by LMBHC LLC, a Texas limited liability company doing business as Mythic Guitar Company ("Mythic," "we," "us," "our"), with its principal place of business at 1914 W. Howard LN Ste B, Austin, TX 78728.

These Terms of Service ("Terms") govern your access to and use of the Site and all services we provide through it — including guitar and instrument purchases, custom builds, repairs, setups, OEM and manufacturing orders, string subscriptions, parts and accessories, digital content, and any other services or communications (collectively, the "Services"). By accessing the Site, placing an order, submitting a deposit, or using any Service, you agree to these Terms in full. If you do not agree, do not use the Site or place an order.

2. Eligibility

You must be at least 18 years old — or the applicable age of majority in your jurisdiction — to place orders, submit instruments, or enter into any agreement with us. By using the Services, you represent and warrant that you meet this requirement. If you are acting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

3. Changes to These Terms

We may update these Terms at any time. The current version is always posted at this URL with a current effective date. Your continued use of the Site or Services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, stop using the Site.

4. Services Overview

Mythic provides services including:

  • Handmade guitar and instrument sales (stock builds, catalog, and webstore)
  • Custom and made-to-order instrument builds
  • Guitar and instrument repair, setup, fret work, electronics, and finish services
  • Parts, hardware, accessories, and string sales
  • String subscriptions
  • OEM, white-label, and manufacturing services (typically under separate signed written agreements)
  • Digital content, media, and informational resources

OEM and manufacturing orders are governed primarily by separate signed agreements. If there is any conflict between those signed agreements and these Terms, the signed agreement controls for that engagement.

5. Quotes, Estimates, and Work Authorization

Repair and service estimates are based on visible conditions at intake. Internal or hidden conditions — discovered only after disassembly or teardown — may require scope or price adjustments. We will make reasonable efforts to contact you for approval before proceeding with material additional work, but you authorize us to take reasonable diagnostic steps without prior approval.

You are responsible for disclosing all known prior repairs, modifications, pre-existing damage, and any conditions that may affect our work. We are not responsible for pre-existing conditions you failed to disclose or that were not visible at intake.

Estimates are not fixed-price guarantees. Final invoices reflect actual work performed and actual materials used.

6. Payment, Deposits, and Non-Refundable Items

6.1 Deposits and Prepayment

Custom builds, refinishing, significant repairs, manufacturing orders, and special-order parts require a deposit or full prepayment before work begins. Deposits reserve production time, materials, and your position in the build queue — resources we cannot easily reallocate to another client while working on your project.

Deposits are non-refundable once materials have been ordered, work has commenced, or a production slot has been allocated to your project. This applies regardless of the reason for cancellation, including change of mind, change of financial circumstances, or any other reason.

6.2 Custom and Made-to-Order Work

All custom builds, made-to-order instruments, personalized items, finish work, refinishing, and special-order parts are final sale. The remedies available for custom and manufacturing orders are governed exclusively by our Refund and Return Policy, which is incorporated into these Terms by reference.

6.3 Balance Payments

Balance payments on custom and manufacturing orders are due upon our notification of completion, before shipment or pickup. Failure to pay the balance within 14 calendar days of completion notice may result in storage fees and, ultimately, disposition of the completed item as described in Section 10 (Abandoned Instruments).

6.4 Chargebacks and Payment Disputes

READ THIS SECTION CAREFULLY. IT DIRECTLY AFFECTS YOUR FINANCIAL RIGHTS.

By placing any order or making any payment to Mythic Guitar Company, you enter into a written agreement governed by these Terms. You agree and warrant that all payments you make are authorized by you.

Before initiating any chargeback, payment reversal, or dispute through your bank, card network, or payment processor, you are required to contact us directly in writing and give us 30 days to attempt resolution. Our contact information is at the end of these Terms. We respond to every written inquiry. A phone call or dispute filed through a payment processor is not a substitute for written notice to us.

If you initiate a chargeback, payment reversal, or payment dispute with your bank or card processor that is inconsistent with these Terms or our Refund and Return Policy — including but not limited to chargebacks based on "item not as described," "unauthorized transaction," or similar grounds where no such basis exists under these Terms — you are in breach of this written agreement and the following applies automatically and without further notice:

  • Liquidated damages of US $500.00 per chargeback occurrence are immediately due and owing. You agree this amount is a reasonable pre-estimate of actual harm — including processor fees, administrative time, lost production capacity, and operational disruption — and is not a penalty.
  • You owe all costs we incur in responding to and contesting the chargeback, including payment processor response fees, administrative time billed at our standard rates, and all reasonable attorneys' fees and legal costs, regardless of how the chargeback is ultimately resolved.
  • We reserve the right to suspend all pending services, cancel pending orders, refuse future orders, and refer the matter to collections.
  • Any outstanding balance resulting from a reversed chargeback, plus liquidated damages and response costs, accrues interest at 1.5% per month or the maximum rate permitted by Texas law, whichever is less, from the date of the chargeback until paid in full.

These Terms constitute a written agreement memorializing your purchase. A chargeback that conflicts with these Terms is a wrongful chargeback. Contact us first — we are faster, cheaper, and less painful to deal with than a dispute process.

7. Lead Times, Delays, and Force Majeure

7.1 Lead Times Are Estimates Only

All lead times, production timelines, turnaround estimates, completion windows, and delivery estimates provided by Mythic — whether stated on the Site, in an email, in an invoice, in a quote, or verbally — are good-faith estimates only and are not contractual guarantees, warranties, or commitments. Time is expressly not of the essence in any transaction with Mythic Guitar Company. We do not guarantee delivery by any specific date.

Estimates are based on conditions at the time they are given. Actual timelines depend on material availability, finish and cure schedules, production sequencing, staffing, and other variables outside our direct control.

7.2 No Liability for Delays

Mythic Guitar Company is not liable — under any legal theory including breach of contract, negligence, or otherwise — for any delay in production, completion, shipment, or delivery, regardless of cause. This includes delays caused by:

  • Supply chain disruption, material shortages, or vendor lead times
  • Back-ordered components, hardware, or parts
  • Wood drying, acclimation, or curing requirements
  • Finish application, drying, curing, or environmental conditions affecting curing
  • Equipment maintenance, breakdown, or replacement
  • Staffing limitations, employee illness, or shop capacity
  • Carrier delays, port congestion, customs holds, or routing disruptions
  • Any force majeure event described in Section 7.3

You are not entitled to cancel an order, receive a refund, or claim any damages solely because a lead time estimate was not met. Our Refund and Return Policy governs the limited circumstances in which a refund may become available on account of non-delivery.

7.3 Force Majeure

Neither party shall be liable for any delay or failure to perform resulting from causes beyond their reasonable control, including but not limited to: acts of God; fire; flood; earthquake; hurricane, tornado, or severe weather; epidemic or pandemic; government action, law, regulation, or order; war; terrorism; civil unrest or riots; labor disputes or strikes; supply chain failure or material unavailability; vendor or supplier default; equipment failure or breakdown; utility outages; internet or telecommunications disruptions; port congestion; carrier failure; or any other event or circumstance reasonably beyond the performing party's control ("Force Majeure Event").

In the event of a Force Majeure Event, our performance obligations are suspended for the duration of the event. We will notify you of any material Force Majeure delay as soon as reasonably practicable. Force Majeure Events do not entitle you to a refund, cancellation, or damages for the period of delay or any consequences thereof.

8. Shipping, Risk of Loss, and Delivery

8.1 Risk of Loss Transfers at Carrier Acceptance

For all outbound shipments, title to and risk of loss of the product transfers to you at the moment we tender the product to the carrier — regardless of who arranged the shipping. Once the carrier has accepted the package, we have fulfilled our delivery obligation. We are not responsible for loss, damage, delay, theft, or misdelivery that occurs after carrier acceptance.

8.2 Carrier Damage and Loss

If a shipment we arranged arrives damaged, you must contact us in writing with photographs within 7 calendar days of delivery. We will cooperate with any carrier insurance claim and, at our election, repair, replace, or refund the product if the claim is verified. We are not responsible for carrier damage on shipments you arranged.

Lost packages that show as delivered by the carrier's tracking system are the carrier's responsibility. We will assist with carrier claims, but we are not obligated to replace or refund products that the carrier confirms as delivered.

8.3 Address Accuracy

You are solely responsible for providing a complete and accurate shipping address. We ship to the address provided in your order. We are not responsible for failed, delayed, or misdelivered shipments caused by an incorrect, incomplete, or undeliverable address you provided. Address correction fees charged by carriers are your responsibility.

8.4 Shipping Insurance

We strongly recommend purchasing shipping insurance on all orders. For high-value instruments or orders over $500, shipping insurance is required unless you explicitly waive it in writing. We are not responsible for uninsured losses in transit.

8.5 Processing Times

Processing times for in-stock items are typically 1–5 business days. Custom, made-to-order, and special-order items have variable processing times as described in your order confirmation. Processing time estimates are subject to Section 7 (Lead Times and Force Majeure).

8.6 Import Duties and Taxes

For international orders, you are the importer of record. All customs duties, import taxes, VAT, GST, brokerage fees, and any other charges imposed by your country are your sole responsibility. We are not responsible for delays or additional costs associated with customs clearance.

9. Abandoned Instruments and Storage Fees

Completed repair work, custom builds, and any instruments or items held by us must be picked up or arrangements made for shipment within 30 calendar days of our notice of completion.

After 30 days from completion notice:

  • Storage fees accrue at $15.00 per day (or partial day), charged to the contact information on file.
  • After 90 days from completion notice without pickup, payment, or a written arrangement, the instrument or item may be deemed abandoned and we may, to the extent permitted by applicable Texas law, sell, dispose of, or otherwise liquidate the item to recover outstanding labor costs, materials, storage fees, and any other amounts owed. Any proceeds in excess of amounts owed will be held for you for 30 days before being forfeited.
  • We will make a reasonable effort to provide written notice before treating any item as abandoned.

You waive any claim against Mythic Guitar Company for disposition of items properly treated as abandoned under this section, provided we have complied with applicable Texas law governing abandoned personal property. We recommend consulting the Texas Property Code if you believe your item is approaching abandoned status.

10. Warranty and Disclaimers

10.1 Repair Workmanship Warranty

We offer a 60-day limited warranty on repair labor from the date of pickup or delivery. This warranty covers defects in our workmanship on the specific work performed. It does not cover:

  • Pre-existing conditions, damage, or defects not caused by our work
  • Normal wear and tear, fret wear, finish wear, hardware oxidation, or string degradation
  • Damage caused by humidity, temperature extremes, or improper storage after pickup
  • Damage caused by mishandling, impact, or accidents after pickup
  • Any modification, adjustment, or repair performed by anyone other than Mythic Guitar Company after pickup
  • Customer-provided parts, components, or materials
  • Tone, resonance, sustain, feel, playability, or any subjective characteristic

10.2 Wood, Tone, and Finish Disclaimer

Wood is an organic material with inherent variability. We do not guarantee, warrant, or represent any specific tone, resonance, sustain, attack, feel, weight, or playability outcome. Finish may sink, check, haze, or micro-crack over time as wood moves and finish cures — this is normal for handmade instruments and is not a defect. Color and appearance in photographs may differ from in-person appearance due to lighting, screen calibration, and natural variation.

10.3 "AS IS" Disclaimer

To the fullest extent permitted by applicable law, the Site, Services, and all products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. We expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

10.4 Customer-Provided Parts and Materials

If you supply parts, bodies, necks, hardware, electronics, or other materials for us to work with:

  • You assume all risk for compatibility, fit, and latent defects in those materials
  • We do not warrant customer-supplied parts and are not responsible for defects, failures, or damage attributable to those parts
  • We reserve the right to decline to install any part we believe to be substandard, counterfeit, or incompatible
  • Additional labor charges may apply for parts that require modification, shimming, or other fitting work

11. Intellectual Property and Design Clearance

11.1 Our Intellectual Property

All content on this Site — including text, photographs, videos, audio, logos, product designs, CAD renders, and all other materials — is owned by LMBHC LLC or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Site content without our prior written permission.

11.2 Your Design Submissions

By submitting any design, specification, image, sketch, or reference material to us for custom build or manufacturing purposes, you represent and warrant that:

  • You own or hold valid rights to the submitted design and all elements within it
  • The design does not infringe any third party's trademark, trade dress, copyright, patent, or other intellectual property rights
  • You have obtained all necessary written permissions from any rights holder whose protected intellectual property your design references, resembles, or is based upon

We reserve the right to cancel any order, at any time and without refund, if we determine or reasonably believe that a submitted design knowingly copies, substantially replicates, or is based upon the protected intellectual property of another manufacturer or brand — including registered or common-law trademarks, trade dress, headstock shapes, body shapes protected by trademark or trade dress, logos, model names, or other protected design elements — without documented written permission from the original rights holder.

We are not attorneys and we do not provide legal advice. We cannot and will not assess, opine on, or advise you as to whether any design is legally clear for manufacture, sale, or distribution. Do not ask us whether your design is "close enough," "too similar," or whether you need permission. That determination is not ours to make and we will not attempt it. Conducting design clearance and obtaining necessary permissions is entirely your responsibility before you submit anything to us.

11.3 Our Design Files and CAD

We do not release design files, CAD source files, CNC toolpaths, G-code, parametric history, or any production data to any client under any circumstance unless a separate formal manufacturing agreement has been executed in writing and signed by both parties. Placing an order, paying in full, or taking delivery of a finished product does not entitle you to any design files.

If a client wishes to purchase design files under a signed manufacturing agreement, the only files available for release — at a buyout fee of two times (2×) the total documented labor invested in the design and production — are STL files (non-editable geometry exports). Native CAD source files, parametric history, CAM toolpaths, and production methods are not available at any price.

12. User Content and Media Release

If you submit reviews, photos, testimonials, or other content to us or our platforms, you grant LMBHC LLC a non-exclusive, perpetual, worldwide, royalty-free license to use, display, reproduce, and distribute that content for marketing, operational, and promotional purposes.

If you bring an instrument to our shop for any service, you grant us permission to photograph and film the instrument for documentation, quality control, and marketing purposes, unless you opt out in writing at the time of intake. We will not use your name or personally identifying information in marketing materials without your separate consent.

13. Prohibited Use

You agree not to use the Site or Services to:

  • Violate any applicable law or regulation
  • Infringe any intellectual property, privacy, or other third-party rights
  • Transmit malware, viruses, or other malicious code
  • Attempt unauthorized access to any system, account, or network
  • Scrape, harvest, or systematically extract data from the Site
  • Overload, disrupt, or interfere with Site infrastructure
  • Submit false, fraudulent, or misleading information
  • Impersonate any person or entity
  • Initiate or facilitate fraudulent payment transactions

We reserve the right to terminate your access to the Site and Services for any violation of this section without notice or refund of any amounts paid.

14. Limitation of Liability

To the fullest extent permitted by applicable law, LMBHC LLC's total liability to you for any claim arising out of or relating to these Terms, the Site, or any Service is capped at the amount you actually paid us for the specific product or service giving rise to the claim.

We are not liable — under any legal theory, including contract, tort, negligence, strict liability, or otherwise — for:

  • Lost profits, lost revenue, or lost business opportunities
  • Business interruption or loss of use
  • Damage to your reputation, brand, or customer relationships
  • Costs of substitute goods or services
  • Data loss or corruption
  • Missed performances, bookings, sessions, recordings, or engagements
  • Any indirect, incidental, special, consequential, exemplary, or punitive damages

This limitation applies even if we have been advised of the possibility of such damages and even if any limited remedy provided herein fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless LMBHC LLC and its members, officers, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property rights; (d) any design, material, or information you submit to us; or (e) your breach of any representation or warranty made in these Terms.

16. Dispute Resolution

16.1 Contact First

Before filing for arbitration or taking any other legal action, you must contact us in writing, specifically describe the issue, and give us 30 calendar days to respond and attempt resolution. This is a condition precedent to filing any claim.

16.2 Binding Arbitration

All disputes, claims, or controversies arising out of or relating to these Terms, the Site, or any Service — including disputes about the validity, enforceability, or scope of this arbitration provision — shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA), conducted in Travis County, Texas, before a single arbitrator, under the AAA's applicable Commercial Arbitration Rules. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS FROM MORE THAN ONE PERSON.

16.4 Jury Trial Waiver

FOR ANY MATTER THAT PROCEEDS IN COURT (INCLUDING ENFORCEMENT OF AN ARBITRATION AWARD), YOU AND MYTHIC GUITAR COMPANY EACH IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL.

16.5 Prevailing Party Fees

The prevailing party in any arbitration proceeding recovers its reasonable attorneys' fees and arbitration costs from the other party.

16.6 Exceptions

Nothing in this section prevents either party from seeking emergency injunctive or equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm, or from enforcing an arbitration award in court.

17. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any matter not subject to arbitration, exclusive venue is the state and federal courts located in Travis County, Texas, and you consent to personal jurisdiction in those courts.

18. General Provisions

  • Entire Agreement. These Terms, together with our Refund and Return Policy, Privacy Policy, SMS Terms, Cookie Policy, Shipping Policy, and any written order confirmation or signed agreement, constitute the entire agreement between you and Mythic Guitar Company and supersede all prior discussions, representations, and agreements.
  • No Oral Modifications. Changes to these Terms require a written update posted to this page. No employee, agent, or representative of Mythic has authority to modify these Terms orally or in any other informal manner.
  • Severability. If any provision is found unenforceable, it is modified to the minimum extent necessary to make it enforceable, not struck. All other provisions remain in full effect.
  • No Waiver. Our failure to enforce any provision at any time is not a waiver of our right to enforce it later.
  • Assignment. We may assign our rights and obligations under these Terms to any affiliate, successor, or acquirer without your consent. You may not assign your rights without our prior written consent.
  • No Third-Party Beneficiaries. These Terms do not create any rights in any third party.
  • Electronic Communications. You consent to receive communications from us electronically. Electronic notices satisfy any legal requirement for written notice.
  • Independent Contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Mythic Guitar Company.

19. Contact

LMBHC LLC d/b/a Mythic Guitar Company
1914 W. Howard LN Ste B, Austin, TX 78728
Phone: (512) 402-5195
Email: mythicguitarco@gmail.com

All formal notices, warranty claims, rework requests, and dispute notices must be submitted in writing. Verbal notice is not effective for any legal purpose under these Terms.