These are the store terms and conditions:
Article 1. Definition
In these terms and conditions, the following definitions apply:
Seller:
Cellowinkel (acting under the company name: the Artisan Cello Gallery)
Buyer:
The natural or legal person who has ordered the seller to deliver products.
Products and items:
The subject of one or more agreements.
Article 2. General
These general conditions apply to every offer, quotation and the conclusion, content and fulfillment of all agreements concluded between the Buyer and Seller. General (purchase) conditions of the buyer do not apply to these agreements, unless expressly agreed otherwise in writing.
If one or more provisions in these general terms and conditions should at any time be wholly or partially void or voidable, the other provisions of these general terms and conditions shall remain fully applicable. The seller and the buyer will then consult to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and meaning of the original provisions.
If a situation arises between the parties that is not regulated in these general terms and conditions, this situation should be judged in the spirit of these general terms and conditions. If the seller does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the seller would to any extent lose the right to require strict compliance with the provisions of these terms and conditions in other cases. The seller reserves the right to amend and/or supplement the General Terms and Conditions.
Article 3. Quotations and offers
All quotations and offers of the seller are without obligation, unless the quotation stipulates a period for acceptance. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime. The seller cannot be held to its quotations or offers if the buyer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or slip of the pen.
Article 4. Price and shipping and handling costs
The prices of all products that are presented through this Internet site include sales tax (VAT) and handling costs. The prices of goods listed on this internet site are subject to change for any reason. Cello’s will not be shipped.
Article 5. Payment
Unless otherwise agreed, the buyer shall pay the price and other amounts due under the agreement in advance by PIN payment or bank transfer.
If the buyer, after the expiry of the applicable prepayment period of 10 days, has not fulfilled his/her payment obligation, the seller will consider this a cancellation of the order and reservation of the product will be cancelled.
Article 6. Delivery
Delivery of the products takes place at the place and time when the products are ready for transfer to the buyer.
Subject to what is stated above in article 4 of these general terms and conditions, the seller will execute accepted orders with convenient speed but at least within thirty (30) days. If the delivery is delayed due to (temporary) out of stock, or for other reasons, or if an order cannot or can only be partially carried out, the buyer will be notified of this no later than one (1) week after the order was placed. In that case, the buyer has the right to dissolve the agreement without cost.
The seller is not liable for damages of any kind that arise because the seller has relied on incorrect and / or incomplete information provided by or on behalf of the buyer.
Article 7. Revocation
7.1 The buyer is obliged to carefully inspect the products immediately upon purchase. The seller is not obliged to offer the possibility of exchange or return. The buyer will be given room to orient himself and try all products thoroughly in the store. If, after purchasing a product for any reason, the buyer does not wish to take delivery, he must notify the seller in writing within 2 days. The seller will then determine whether the product can be returned or exchanged.
7.2 If the seller decides to accept a return, the returns will only be accepted if the product is in its original state, undamaged and unused, including the original invoice. In case of a return, the buyer should contact the seller immediately upon receipt. Any repairs or modifications to an instrument will void any warranty, unless otherwise agreed with the seller. The costs for a return are for the account of the buyer. Products that have been ordered especially for you (ordered via repeat order, for example) cannot be returned.
The buyer agrees to comply with the return conditions as prescribed by the seller. If these conditions are not met, the product remains the property of the buyer and the purchase price will not be refunded to the buyer. The seller shall never be liable for any damage caused to the packaging or the product during shipment or return, or the loss of the product.
7.3 The seller guarantees the quality of the items it delivers for 12 months after delivery.
7.4 This warranty means that if the conditions stated in 7.1 are met, the seller will repair or replace the item free of charge (at the cello store’s discretion). However, this warranty does not include any additional costs, such as provisions made as part of the repair or replacement.
7.5 This warranty does not apply to:
- second-hand items;
- items that are sold by the seller in commission for someone else (in this case the item is also ‘second-hand’);
- items or devices that were inadequately protected from shipping damage when the were returned;
- cracked strings;
- sheet music and music books;
- the bowhair on a cello bow;
- articles or devices to which alterations have been made;
- articles with defects caused by improper or injudicious use;
- articles with defects caused by intent or gross negligence;
- articles with damage caused by an external calamity, such as lightning strike, flood, power failure, natural disaster, etc.;
- situations where the seller has not been given the opportunity (in a timely manner) to investigate the complaint and possibly repair the defect.
Article 8. Retention of title
8.1 Delivered items remain the property of the seller until all (payment) obligations have been fulfilled. This applies to all obligations for which the law permits the creation of a retention of title.
8.2 The seller is irrevocably authorized to take back (or have taken back) the items that have remained the property of the seller without notice of default being required.
Article 9. Communication
The seller is not liable for incorrect or delayed transmission of order details and notifications resulting from the use of the Internet or any other means of communication in the traffic between the buyer and the seller, or between the seller and third parties, insofar as it relates to the relationship between the buyer and the seller.
Article 10. Force majeure
Without prejudice to the other rights to which the seller is entitled, the seller has the right, in the event of force majeure, to choose whether to suspend the execution of an order or to dissolve the agreement without judicial intervention. The seller will notify the buyer of this in writing without the seller being liable for any compensation.
Article 11. Conformity
The buyer has the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, the buyer must notify the seller in writing within two (2) days. After the expiration of this period, the buyer shall be deemed to have accepted the goods.
If it is demonstrated that the products do not comply with the agreement, the seller has the choice of replacing the products in question with new products upon their return or refunding the invoice value thereof.
Article 12. Liability
12.1 The liability of the seller with respect to the sale and delivery of articles is expressly limited to the warranty stated in Article 7.
12.2 The seller is not liable for (technical) advice it provides, errors on the website, technical data provided by suppliers or manufacturers and unforeseeable and reasonably uncontrollable poor quality of the products.
12.3 For the rest, any liability of the seller is limited to the actual amount paid of the invoice sent or issued in this regard.
12.4 After purchasing an instrument, the buyer must insure the instrument himself.
Article 13. Applicable law
Agreements concluded between the seller and buyer are exclusively governed by Dutch law, the applicability of the Vienna Sales Convention is expressly excluded. All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.