Scope

All deliveries and services arranged between you, the buyer, and us, KandIMC, 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.

Sole Applicability

Our GTC apply to transactions between us and companies/business customers or private persons who are end consumers.

Contradictory terms and conditions of the buyer are only valid if we expressly agree to them in writing.

Intellectual Property

All content published and made available on our Site is the property of Kostia & Iryna Music Company and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

The minimum age to use our Site is 13 years old. By using this Site, users agree that they are over 13 years old. We do not assume any legal responsibility for false statements about age.

Sale of Services

These Terms and Conditions govern the sale of services available on our Site. We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.

The following services are available via our Site: String instrument repairs

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

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 catalogue on our website. The images in our brochure and catalogue serve as purely visual illustrations and do not claim to be complete. Images of products are non-binding and may differ slightly from actual appearances (colouration, size, etc.).

Offers/Creation of Contract

The representation of the products in the catalogue 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.

By reaching out to us, specifying the items you wish to purchase and providing us with your payment details in the final step of the order process, you as a customer submit to us a binding order for the items agreed to be sold by both parties. However, the purchase contract is only created upon dispatch of the ordered item(s) to you - not by the order receipt confirmation.

If payment is made via advance payment Paypal/bank transfer, the contract is finalized when the order is placed.

If the order is not placed via Internet, the contract is created upon handover or dispatch of the item(s) to you.

We do not offer products for purchase by minors. Only adults of at least 18 years of age may purchase our products.

We reserve the right to reject any orders. We reserve the right to reject 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).

Buyer’s duty to inform

As our contract partner, you must provide truthful information when placing your order. 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.

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.

Prices

Prices are as accurate and up-to-date as possible, but we reserve the right to adjust prices if an error has occurred. The price will be corrected and you will be contacted to confirm your order at the revised price. If we are unable to contact you we will treat the order as cancelled as we cannot accept an order which is wrongly priced. VAT is included at prevailing rates. Due to the very volatile exchange rates at present, and with prices rising regularly, we cannot physically change prices on this website fast enough and reserve the right to decline an order should a price be unacceptably low.

Only the invoice prices at the time of the conclusion of the contract are definitive.

Cancellations and Refunds

If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase services from us within 14 days without giving notice. The cancellation period: Will end 14 days from the date of purchase when you purchased a service.

To exercise your right to cancel your contractual declaration, you must inform us of your decision to cancel within the cancellation period and in writing and by returning the item (if the item is delivered to you before this deadline). To cancel, contact us by email at info@kandimc.com or by post at 218 Greenbank Road, Darlington, DL3 6ES, England, United Kingdom.

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).

Special order items and ALL music books and/or opened CD’s cannot be returned for a credit/refund or exchange.

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 cancel or return goods which were supplied correctly as ordered, you must send them back at your own cost in ‘as new’ condition and in the original packaging. Goods wrongly supplied will be replaced free of charge and payment refunded. Please call us before returning any item to obtain a returns number.

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. We will not be responsible for any damage incurred to the goods while in transit back to us, so please ensure the goods are well packaged. An admin fee may be charged if the goods are not returned back to us in their original, unused condition. Any original delivery charges will not be refunded.

International Returns

Return shipment of instruments that were ordered or delivered abroad, i.e. to countries other than the UK, is at the risk and expense of the buyer. Returned items must be received no later than 45 days after delivery to you. Certificates which are issued upon special order are excluded from the return guarantee. Obligations to reimburse payments must be filled within 14 business days after receipt of the returned item. Return shipments from countries outside the UK 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.

Delivery

Goods are dispatched from our shop by Royal Mail, or by Carrier usually within 24 hours. You will be informed of dispatch. Goods which have not been delivered within 3 working days must be reported so that a trace may be instituted. Likewise, goods must be examined on delivery and any damages reported within 24 hours.

Place of performance/assumption of liability for transport damage

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.

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.

Payment Terms

Your payment options include payment in advance by bank transfer, cash, payment by cash on delivery (UK 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.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping Costs

You must pay shipping costs unless agreed otherwise. Shipping costs are agreed in advance and displayed on the invoice as part of the order process.

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.

Retention of Title

The goods remain our property until full payment of the purchase price, even if the return period has ended.

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.

Guarantee of Origin

Kostia and Iryna Music Company 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.

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. KandI MC 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. KandI MC violins shall not assume liability for damages or losses during shipment.

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.

Trade-in Guarantee

If you wish to buy a higher-value instrument from our range of products, you may give instruments and bows you purchased from us as payment without time limitation and if you submit the original invoice made out in your name.

Consigned Instruments/bows that we sell on behalf of third persons (A-inventory numbers) are excluded from the trade-guarantee.

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 100% 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.

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 at our sole judgment altogether if repairs are needed or there is damage such as cracks, broken corners or edges, warping, damage to the varnish, etc.

Copyright and Trademark Rights

Kostia and Iryna Music Company violins retain 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.

Consumer Protection Law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Your Privacy and Personal Information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy & statement, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

Third-party Websites

Our Site contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

Limitation of Liability

Kostia & Iryna Music Company and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Kostia & Iryna Music Company and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

If you as the buyer are a merchant, corporate body under public law, or special fund under public law, the UK 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 the UK or your place of residence or habitual abode are not known when the action is filed. These Terms and Conditions are governed by the laws of the Country of England.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:
T: 07551 935890
E: info@kandimc.com
Address: 218 Greenbank Road, Darlington, DL3 6ES, England, United Kingdom