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Terms and Conditions of Sale (version 21.10.2011)

1. Conditions of Sale
The terms and conditions set forth below apply to and govern all deliveries and performances within the scope of legal transactions between you, the purchaser, and us, Corilon violins, Dr. Annette Roeben, in the version applicable at the time of conclusion of the respective contract.

2. Exclusive application
2.1 These Terms and Conditions of Sale govern all legal transactions between us and private persons as well as companies/commercial customers as final consumers.

2.2. Contradicting terms and conditions of business of your own shall only be valid if we explicitly give our written consent to their application.

3. Subject matter of the contract
The exclusive subject matter of the contract is the product sold with the characteristics and features of our sales description. Illustrations and photographs on our website are for the purpose of providing general product information in a purely pictorial presentation and make no claim to be complete. Illustrations and photographs are without obligation and may therefore slightly differ from the actual situation in color and size.

4. Quotations, coming into force of the contract
4.1. Our quotations are without engagement and non-binding in all cases.

4.2. By placing an order, you make an offer to us to purchase the products you have selected subject to the application of these terms and conditions. We may or may not accept your offer at our discretion. The contract shall come into force upon delivery of the ordered products – not through the automatically sent confirmation email of receipt of the order.

4.3. For orders placed outside the internet the contract shall come into force upon delivery of the ordered product(s).

4.4. You may cancel your order at any time prior to delivery of the product by calling us at +49 7531 3638165, Mo-Fri, CET, 9am-18pm.

4.5. We do not offer products for sale to underage. All products offered by Corilon violins can be purchased by adults of an age of at least 18 only.

5. Registration
5.1. You may register with Corilon violins, Dr. Annette Roeben, and create a customer account to use extra web services (watchlist and order list). However, placing an order is possible without having a customer account. You may choose your personal username and password yourself as described on our website. Your customer account will be automatically created after having completed the registration procedure. We may reject or revoke the registration of any user in its sole discretion.

5.2. Multiple registrations on our website using different names or addresses is ineligible. We reserve the right to suspend the username and password in such cases.

6. Duty to supply information
6.1. As our contract partner you are obliged provide truthful information when registering on our website and ordering our products. You are obliged to notify us immediately of any data change during the term/processing of the contract. If you fail to do so or if you provide us with incorrect data from the outset we shall be entitled to withdraw from the contract, free of any charges. Any costs resulting from the products being shipped to a wrong address due to incorrect or incomplete address details provided by you will be debited on to you.

6.2. You must provide a valid and accessible email account and ensure that the receipt of email is not barred as a result of forwarding, closure, suspension or overfilling of the email account.

7. Right of return
7.1. If you as a consumer are not satisfied with any product you have purchased from us, you may return the product to us and obtain a refund of the price of the product returned, a replacement or a credit note if you contact us within 30 calendar Days of delivery of the product to you. This right of return does not apply for special or customized orders arranged at your request or for new products with a broken seal. Your right to the removal of any defects that may be present shall remain unaffected.

7.2. The return period shall begin at the earliest on the day of the receipt of the products and at the latest following the receipt of the instructions concerning your right of return. In order to exercise your option to return a product, you must contact us by mail, fax, phone, or email: Corilon violins, Dr. Annette Roeben, Hussenstrasse 30, 78462 Konstanz, Germany, phone +49 7531 363 81 65, fax +49 7531 363 81 75, mail@corilon.com to make arrangements for the return. On-time dispatch of the returned products shall be sufficient to meet the deadline. We will arrange for a pickup of bulky goods that are not suitable for dispatch by mail/parcel post (Germany only). The cost for the return delivery shall be at our risk and expense for orders from Germany. Should you wish to return part of an order, you are responsible for the cost of return postage. All return deliveries from other countries are at the buyer’s expense and risk. All returns are to be made to the address stated above.

7.3. In the case of a return the reciprocal services received must be returned (return of the goods to us/your claim to refunding of the purchasing price, replacement or credit note) and any benefits obtained (e.g. advantages of use) handed over. Refunds will be made within 14 dazs of receipt of the returned goods. If any damage to the returned goods occurred we may demand compensation for their loss of value. This shall not apply if the damage to the products is attributable exclusively to testing or verifying, for example as it would have been possible for you in a store. You can avoid the obligation to compensate for loss of value by not taking a product into use as an owner and by refraining from anything which would impair its value.

8. Place of performance, passing of risk
8.1. Place of performance for our delivery obligation is our registered office in 78462 Konstanz, Germany. Any dispatch of the ordered goods requested by you will be made uninsured or partially at your expense. Extra transport insurance will only be taken out if explicitly requested and at your expenses. The choice of the method and route of dispatch shall lie with us.

8.2. In the case of legal transactions between us and companies/commercial customers, the dispatch of the ordered products shall be at your risk. Our obligation to perform shall be fulfilled upon on-time delivery of the goods to the transporter/freight forwarder. Delivery delays are the sole responsibility of you or the transporter.

8.3. For legal transactions between us and final consumers, the risk of performance in the event of dispatch shall pass to you at the time of delivery of the goods to you or if you are in default on acceptance.

9. Payment terms, prices, shipping costs
9.1. Prices: All prices include sales tax (USt, VAT). VAT Taxation (of used products) is in compliance with German value added tax act §25a UstG "Differenzbesteuerung". The prices on the time of the placing of the order shall be decisive. Corilon violins, Dr. Annette Roeben, reserves the right to adjust prices on our website anytime. We assume no liability for errors in pricing information.

9.2. Payment terms: Payment will be accepted in any of the following methods: Paypal, bank transfer advance payment, and purchase on account (Germany only). Orders exceeding €3.000 can only be paid by wire transfer advance payments. We reserve the right to request advance payment in any case and to carry out further deliveries against advance payment only. Delivery of the ordered products will be carried out after credit entry of the invoiced amount to our bank account. The purchase must make full payment no later than 14 (fourteen) days after receipt of the invoice. Any transfer or C.O.D. charges shall be for your account.

9.3. Shipping costs: The shipping costs shall be for your account, provided no other agreement to the contrary has been made. The shipping costs are shown in detail on our website on the product details page and are automatically calculated by the system during of the order procedure. Any special shipping agreements (i.e. FedEx, UPS or DPD shipments) will be invoiced with the normal local surcharge.

9.4. Partial deliveries: If individual products of the order are not available at short notice, we reserve the right to make partial deliveries. Subsequent delivery of the products are free of shipping costs.

9.5. Default on payment: If you, the purchaser, fall into arrears with your payment obligations we shall be entitled to demand default interest of 5 percentage points (final consumers) or 8 percentage points (commercial customers) above the applicable base rate of interest. Default on payment shall apply either through a reminder upon payment becoming due or without a reminder following expiry of the period for payment (as in 9.2). This shall not prejudice our right to assert farther reaching claims for damages. We may pass on bank charges caused by incorrect account details or unjustified rejection to the purchaser. The purchaser has the right to demonstrate that we have suffered lower or no damage.

10. Retention of title
10.1. We shall retain title to the goods until such time as full payment of the purchasing price is received, irrespective of the expiry of the return period.

10.2. As buyer, you are obliged to treat the goods delivered with care and to notify us immediately of any access to the goods by third parties, for example in the form of attachment, as well as of any damage to or destruction of the goods.

10.3. At the same time, you are entitled to make onward sale of the goods purchased in the normal course of business, provided you are not in arrears with payments to us. Nevertheless, you must assign to us henceforth all claims, to which you become entitled against third parties from the onward sale, in the amount of the gross invoice value. We hereby accept the assignment.

11. Removal of defects, liability
11.1. We grant a one-year guarantee of freedom from defects for the (used) products supplied by us. Removal of defects shall be carried out within the scope of the guarantee provided and in accordance with the statutory provisions. The guarantee period shall begin upon delivery of the goods.

11.2. Our contractual obligation to provide compensation for damages within the scope of the guarantee given by us shall be based on the statutory provisions.

11.3. Our liability shall be based on the statutory provisions.

12. Purchaser's Limited Remedy
12.1. We guarantee against fakes and reproductions. For your protection, certificates and appraisals written by independent experts are available for many instruments and bows. If you nevertheless believe any product sold to you by us to be not genuine you must notify us in writing that an ordered product is not a genuine work of the maker specified in our sales description no later than 12 months after the sale date. The product shall be returned to us together with a letter or certificate of an acceptable expert stating the product to be not genuine or be the work of a different maker within 12 months after the sale date. the-violin-shop will refund the full purchase price paid for the product upon receipt of the returned product in undamaged condition. All shipping and insurance costs shall be the sole responsibility of the purchaser. the-violin-shop shall have no responsibility for any loss or damage occurred in the shipment.

12.2. Except as expressly provided above, the-violin-shop makes no warranties or representations, express or implied, of any kind or nature with respect to any product. In no event shall the-violin-shop be deemed to have made any representation or warranty, express or implied, on our website or otherwise, with respect to the maker, origin or condition of any product. In no event will the-violin-shop be held liable to any person for any product in excess of the purchase price actually paid for the product.

13. Trade Guarantee
13.1 Instruments and bows you purchased from us may be accepted in trade at any time for a more expensive instrument in our catalogue. The original receipt must be presented. This trade offer is only possible for articles within the same category, e.g. a violin cannot be traded against a bow or cello. The higher-quality instrument must also cost at least €500.00 more than the instrument you wish to trade. We will give you credit for 100% of the original price if your old instrument is still in its original and acceptable condition.

13.2 Minor traces of use on the bridge, strings and fingerboard, minor scratches or traces of use on the varnish and minor open seams constitute "acceptable condition". The instrument will undergo our professional appraisal, and the total trade value may be lowered or the guarantee voided altogether if more significant repairs are needed or there is greater damage such as cracks, broken corners or edges.

13.3 We charge a reconditioning fee of €75 for violins and violas and €50 for bows; this covers minor repairs and new strings. The customer is responsible for the shipping and packaging costs, including any costs incurred for customs and handling if the customs declaration is not filled out correctly. If you are shipping the instrument internationally, please make sure you declare the proper value of the instrument.

14. Privacy
14.1. Your data is used exclusively for the processing of your order. All customer data will be stored and processed by us subject to observance of the relevant provisions of the Federal Data Protection Act (BDSG) and of the Telemedia Law (TMG).

14.2. You have a right to free information, for correction, barring and deletion of your stored data at any time.

14.3. We shall not pass your personal data on to third parties without your explicit consent which can be revoked at any time. Excepted from this ruling are our service partners who require the forwarding of data for order processing (i.e. the dispatch company entrusted with the delivery and the bank entrusted with processing of payment). In such cases, however, the scope of the data forwarded shall be limited to the minimum necessary.

15. Copyright
The used texts, images, illustrations and the layout of the present pages are subject to worldwide copyright. You are not permitted to copy any fotos, text, soundfiles, etc. from our website for any purposes.

16. Applicable law
These Terms and Conditions of Business, and contracts between you and us concluded on the basis thereof shall be governed by the Laws of Germany, subject to exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

17. Place of jurisdiction
If you, as buyer, are a businessman, a juristic person under public law or a public law special fund, the exclusive place of jurisdiction for all disputes arising out of or in connection with the present contract is the court responsible for the registered office of our company. The same shall apply if you, as buyer, do not have a general place of jurisdiction in Germany or if place of residence are not known at the time of the taking of legal action.

18. Miscellaneous
If any provision (or portion thereof) of these Terms and Conditions shall be invalid or unenforceable under applicable law, such invalidity shall not affect the enforceability of any other provision hereof. In addition, in the event that any provision (or portion thereof) of these Terms and Conditions is determined by a court to be unenforceable as drafted by virtue of the scope, duration, extent or character of any obligation contained herein, it is the parties' intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under applicable law.