General Terms and Conditions of Business (version 17.12.2016)
All deliveries and services arranged between you, the buyer, and us, Corilon violins, Dr Annette Roeben, shall fall under the exclusive scope of these General Terms and Conditions of Business, called "GTC" hereinafter. The version valid at the time of the order shall apply.
2. Sole applicability
2.1 Our GTC apply to transactions between us and companies/business customers or private persons who are end consumers.
2.2. Contradictory terms and conditions of the buyer are only valid if we expressly agree to them in writing.
3. Object of the contract
The object of the contract is solely the sold product with the characteristics and features stated in the product description in the online shop. The images in our Online Shop serve as purely visual illustration and do not claim to be complete. Images of products are non-binding and may differ slightly from actual appearances (colouration, size, etc.).
4. Offers / creation of contract
4.1. The representation of the products in the Online Shop does not constitute a legally binding offer, but an invitation to order. Our offers are always without obligation and non-binding. They do not represent an assurance or guarantee of any kind.
4.2. By clicking the "Order" button in the final step of the order process, you as a customer submit to us a binding order for the items in the shopping cart. However, the purchase contract is only created upon dispatch of the ordered item(s) to you - not by the automatically generated order receipt confirmation.
4.3. If payment is made via advance payment Paypal/bank transfer, the contract is finalized when the order is placed.
4.4. If the order is not placed via Internet, the contract is created upon handover or dispatch of the item(s) to you.
4.5. We do not offer products for purchase by minors. Only adults of at least 18 years of age may purchase our products.
4.6 We reserve the right to reject any orders of new arrivals (products that are marked as "NEW" for the first 4 weeks from listing on our website) from customers who have returned one or more of their past order(s). We hope you understand that we cannot provide more detailed information, since there are many factors that influence such decisions.
5.1. You can register in our Online Shop as a customer and open a customer account. However, it is possible to place an order without registering. When registering a customer account, the customer chooses a user name and password and is automatically approved and admitted into the system when registration is completed. We may revoke this approval at any time without stating reasons.
5.2. Registering multiple accounts under different names or addresses is prohibited. In such a case we are entitled to block the user name and password.
6. Buyer's duty to inform
6.1. As our contract partner, you must provide truthful information when placing your order and registering. If your data changes in the course of processing the contract, you must immediately notify us of these changes. If you fail to do so or provide false information from the start, we are entitled to withdraw from the contract without cost or penalty. We will bill costs we incur due to misdirection of the items because of incomplete or incorrect address information to you.
6.2. As our contract partner, you must ensure that the email account you provide is valid and accessible and that receipt of emails is not prevented due to forwarding, neglect, or filling of the account.
7. Cancellation policy
7.1. Cancellation right
You may cancel your contractual declaration in writing (e.g. letter, fax, email) within 14 days without stating reasons or - if the item is delivered to you before this deadline - by returning the item. The period begins after receipt of this notification in written form, but not before receipt of the item by the addressee (or in case of repeated delivery of similar items, not before receipt of the first partial delivery) and not before fulfilment of our duties to inform pursuant to Article 246 § 2 in conjunction with § 1 Para 1 and 2 EGBGB and our duties pursuant to § 312g Para 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The cancellation deadline is observed if the item is sent off on time. Cancellations should be directed at:
Dr. Annette Roeben
Tel.: +49 (0)89-444 19 619
Fax: +49 (0)89-444 19 620
7.2. Consequences of cancellation
If an order is cancelled, the deliveries and services received by either side must be returned and any uses and enjoyments (e.g. interest) surrendered. If you cannot return the services or uses and enjoyments (e.g. advantages of use) to us or can only do so in part or only in worse condition, you must provide us with compensation for lost value. You may still have to fulfill the contractual payment obligations for the period until cancellation. You only have to provide compensation for lost value for items in worse condition or uses and enjoyments if the uses and enjoyments or worse condition are due to handling of the item that goes beyond checking its properties and functioning. "Checking properties and functioning" means testing and trying out the goods to the extent that would be possible and normal in the store itself. You must pay the normal costs of return shipment.
7.3 International returns
Return shipment of instruments that were ordered or delivered abroad, i.e. to other countries than Germany, is at the risk and expense of the buyer. Returned items must be received no later than 45 days after delivery to you. Obligations to reimburse payments must be filled within 14 days after receipt of the returned item. Return shipments from countries outside the European Union must be correctly customs declared and processed as “returned goods”. We may bill the cost due to import taxes and duties we incur for incorrectly declared returns. You must pay any customs processing cost and credit institution transfer fees that may be incurred for international bank transfer refunds.
8. 30 days: Expanded return policy
8.1 Beyond the statutory cancellation right (cf. 7), we grant an expanded return policy for orders placed through our website.
If an instrument purchased from us does not suit you, please notify us that you wish to return it within 30 days of receipt of your order. The 30 day deadline is observed upon delivery to you. We will reimburse 100% of the purchase price aftwer two weeks after the instrument is received by us undamaged, together with a copy of the original invoice, and no later than 45 days after receipt. If you have ordered from Germany and make use of this policy, we will also reimburse you for shipping costs from Germany up to a sum of 6.90 Euros. Return shipment is at your own risk during our return policy period that extends beyond your statutory cancellation right (see 7). Return shipment of instruments that were ordered or delivered abroad is at the risk and expense of the buyer.
9. Place of performance / assumption of liability for transport damage
9.1. The place of performance for our delivery obligation is our company seat in 81669 München. Corilon violins assumes full liability for damages and losses during transport of your order to you. We choose the route and method of transportation unless FedEx is quoted.
9.2. For transactions between ourselves and companies/business customers, shipment of the ordered item(s) is at your risk. Our liability is fulfilled upon timely delivery of the item to the deliverer/shipper. Delays in shipment fall solely into the sphere of responsibility of the deliverer or yourself.
9.3. If you as the customer are a private person/end consumer, title is transferred to you upon hand-over of the item to you or if you are in default of acceptance.
10. Prices/payment terms/shipping costs
The prices listed in our Online Shop are inclusive of VAT in Germany. Only the invoice prices at the time of conclusion of contract are definitive. Taxes on antiques, used instruments and bows (used items) are determined in accordance with §25a UstG "Differenzbesteuerung"; in this case, the VAT is not stated.
10.2. Payment options:
Your payment options include payment in advance by bank transfer, cash, payment by cash on delivery (Germany and Austria only), or payment by PayPal. We will deliver the ordered items after the invoice amount is credited to our PayPal or bank account. We reserve the right to limit payment options to payment in advance and only continue delivering in return for payment in advance. Invoice amounts fall due for payment when you receive the invoice. You must pay any credit institution transfer fees that may be incurred for international bank transfers. This also applies to any delivery fees if you choose the cash on delivery option.
10.3. Shipping costs:
You must pay shipping costs unless agreed otherwise. Shipping costs are stated in our Online Shop under "Shipping Costs" and displayed as part of the order process.
10.4. Late payments:
If payment in advance is chosen as the payment option, we are entitled to cancel orders if we have not received payment within 14 days of the order. We may bill bank costs we incur due to incorrect account information or unjustified rejections to you as the buyer.
11. Retention of title
11.1. The goods remain our property until full payment of the purchase price, even if the return period has ended.
11.2. As the buyer, you are obligated to treat the delivered goods with care and report any damage, destruction, or third party access to the goods (for example, in the case of enforcement measures) to us immediately.
12. Rectification of defects/liability
12.1. We provide a warranty of twenty-four months for new items and twelve months for used items for defects extant when the goods are transferred. Liability for defects is excluded if you as the customer do not report visible defects within 30 days of receipt of the goods. If there is a defect, we will either rectify it or deliver a defect-free replacement item, as you choose. If this rectification of defects fails, we are in no position to effect it, legal regulations entitle us to refuse subsequent performance, or subsequent performance is delayed beyond a reasonable period for reasons for which we are responsible, you may withdraw from the contract without regard to any claims for damages or require reduction of the purchase price.
12.2. Unless stated otherwise below, further claims on your part are excluded regardless of legal grounds. We are not liable for damages that do not affect the delivered item itself; in particular, we are not liable for lost earnings or other financial losses. In so far as our contractual liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
12.3. The above limitation of liability does not apply if the cause of damages can be traced back to intent or gross negligence or there is injury to persons. It also does not apply if the buyer asserts legally guaranteed claims. If we negligently breach an important contract duty, the liability to pay damages for property damage is limited to typically occurring damages.
13. Guarantee of origin
13.1 Corilon's guarantee of origin protects you against fakes and imitations. Many of our instruments and bows are sold with certificates or appraisals by independent experts. If you still have reasonable doubts about the authenticity of a product sold to you, you must report them to us in writing within 12 months of the product's date of sale.
13.2 If you desire reimbursement of the purchase price, you must send the instrument in question back to us together with a written statement/report by a qualified expert within 12 months of the date of sale. Corilon violins will reimburse the full purchase price after receipt of the undamaged instrument and the statement/report. You must pay the costs of packaging and shipping. Corilon violins shall not assume liability for damages or losses during shipment.
13.3 We are also not liable for consequential damages, e.g. financial losses due to lost earnings from a re-sale if they arise due to errors in ascertaining the origin that were unknown to us.
14. Trade-in guarantee
14.1 If you wish to buy a higher-value instrument from our range of products, you may give instruments and bows purchased from us as payment without time limitation and if you submit the original invoice.
14.3 The trade-in offer applies only to instruments of the same category, so a violin cannot be given in payment for a bow or a cello. The higher-value instrument must also be offered for a price at least 500 Euros higher than the one purchased from us before. We will credit 100% of the original price to the price of the new instrument if your old instrument is in the original, acceptable condition. Our trade-in guarantee does not apply to instruments that we sell on commission for third parties.
14.4 Minor wear on the bridge, strings, and fingerboard, minor scratches and traces of use on the varnish, and minor open seams are acceptable. The trade value may be lowered according to our professional appraisal or the guarantee may be rendered null and void altogether if repairs are needed or there is damage such as cracks, broken corners or edges, warping, damage to the varnish, etc.
14.5 We charge a reconditioning fee of € 95 for violins and violas and € 75 for bows; this covers minor repairs and new strings. You must pay costs of shipping and packaging. This includes any customs duties and service charges. Please take particular care to provide correct information about the value of your instrument in cases of international returns.
15. Copyright and trademark rights
Corilon violins retains all copyrights and rights of use to objects we create and publish. Reproduction or use of photographs, graphics, audio records, video clips, and texts in other electronic or printed publications is prohibited without our express permission.
16. Applicable law
Only the laws of the Federal Republic of Germany apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
17. Place of jurisdiction
If you as the buyer are a merchant, corporate body under public law, or special fund under public law, Munich shall be the sole place of jurisdiction for all disputes arising from this contract. The same applies if you as the buyer have no general place of jurisdiction in Germany or your place of residence or habitual abode are not known when the action is filed.
18. Severability clause
If individual clauses or parts of clauses of these GTC are or become invalid, the validity of the remaining clauses shall not be affected.