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Terms and Conditions


Guarneri.net and Doricdesign Ltd. and their agents ('Guarneri.net') provide their services to Users subject to the following notices, terms, and conditions. In addition, when any Guarneri.net service is used (e.g. Instrument Description response e-mail services, Bow Description response e-mail services, Standard, Standard Plus, Guarneri.net Professional, E-mail Alerts, Description Removal), users will be subject to the rules, guidelines, policies, terms and conditions applicable to such service.

DEFINITIONS & MISCELLANEOUS

The System as found on the internet as supplied by Guarneri.net will in the Terms & Conditions be hereinafter referred to as the 'System'. Guarneri.net neither implies nor states that instruments offered on the System are made by members of the Guarneri family of Musical Instrument makers. Guarneri.net neither implies nor states that instruments made by members of the Guarneri family of Musical Instrument makers are necessarily available on the System and Guarneri.net will not be held liable for any failure to supply or any absence of instruments by the Guarneri family of Musical Instrument makers on the System at any given time. All Users selling or presenting their work on the system will in the Terms & Conditions be hereinafter referred to as 'Sellers'. All Other Users of the system will in the Terms & Conditions be hereinafter referred to as 'Buyers' or 'Other Users' as appropriate. All Users, both 'Sellers' and 'Buyers' and Other Users using the System will in the Terms & Conditions be hereinafter referred to as 'System Users' or 'Users'. Sellers supply information to Guarneri.net regarding instruments and/or bows and/or other items and said information will in the Terms & Conditions be hereinafter referred to as 'Descriptions'. Services offered by Guarneri.net over the internet in return for payment will in the Terms & Conditions be hereinafter referred to as 'Services'. Facilities offered by Guarneri.net over the internet for no payment will in the Terms & Conditions be hereinafter referred to as 'Facilities'. Statements and Illustrations published by Guarneri.net over the internet will in the Terms & Conditions be hereinafter referred to as 'Statements'. Where the singular is used in the Terms & Conditions the plural will apply to that term or definition and vice versa where appropriate sense dictates. The Terms & Conditions are not assignable by Sellers or Buyers without the permission of Guarneri.net. The Terms & Conditions are binding on any of the successors, assigns, trustees, executors, administrators and representatives of Sellers and Buyers and Other Users. Headings and commentary on the Terms and Conditions pages do not form part of the Terms & Conditions are provided for the convenience of Users Guarneri.net reserve the right to alter or amend the whole or any part of these Terms & Conditions without notice. Guarneri.net reserves the right to alter and/or withdraw Services and/or Facilities without notice. Guarneri.net reserves the right in their sole discretion, but without any obligation, to make amendments or improvements to, or withdraw or correct any error or omission in any portion of, the System without notice. Guarneri.net is a wholly owned concern of Doricdesign Ltd., PO Box 239, Brentford, TW8 0XA, United Kingdom. Doricdesign Ltd. is registered in the United Kingdom no. 3856694.

THIS SITE IS PROVIDED BY GUARNERI.NET ON BEHALF OF DORICDESIGN LTD., ON AN “AS IS” BASIS. GUARNERI.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTINUOUS SUPPLY OF ANY INFORMATION, CONTENT, MATERIALS, INSTRUMENTS OR BOWS OR THE PROPERTY OF THIRD PARTIES INCLUDED ON THIS SITE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. GUARNERI.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT EXCLUSIVELY IMPLIED WARRANTIES OF VALUE, RARITY, IMPORTANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GUARNERI.NET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT EXCLUSIVELY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER ARISING FROM LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS HAS BEEN NOTIFIED TO GUARNERI.NET. THE FOREGOING WILL APPLY WHETHER SUCH CLAIMS, LOSS OR DAMAGES ARISE IN TORT, CONTRACT, NEGLIGENCE, UNDER STATUTE OR OTHERWISE.

USE OF SITE

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted Guarneri.net. Guarneri.net reserves the right to refuse service, terminate accounts, and/or access codes and/or passwords and/or cancel orders at their discretion, including, without limitation, if Guarneri.net believes that customer conduct violates applicable law or is harmful to the interests of Guarneri.net.

REGISTRATION:

Before using the Services on this site, you must first register some personal details. Registration information is entirely confidential between the registrant and Guarneri.net. Users may not register under a false name or use an invalid or unauthorised credit card. Users may use an alias at the discretion of Guarneri.net but may not impersonate any party or any Other User. Such conduct may be construed as fraudulent and thus a violation of law. Fraudulent conduct may be reported to law enforcement authorities, and Guarneri.net will co-operate to ensure that violators are prosecuted to the fullest extent of the law.

COPYRIGHT

Any media and/or content included on this site, including graphics, text, logos, rollovers, images, is the property of Doricdesign Ltd., or its media or content suppliers and protected by UK and international copyright laws. The compilation (meaning the collection, editing, arrangement, and assembly) of all media and content on this site is the exclusive property of Doricdesign Ltd., and protected by UK and international copyright laws. Any software used on this site is the property of Doricdesign Ltd., or its software suppliers and protected by UK and international copyright laws. Names and values of selector buttons, check boxes, radio buttons or other material displayed in HTML or ASP or JavaScript actions or logos or content may be the property of third parties and copyright vests with those parties. Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, media or software on this site is strictly prohibited. All Sellers submitting images or other material to the System for publication with Descriptions assign all copyright to Guarneri.net in relation to the images or other material submitted to Guarneri.net for the duration of the contractual period.

COPYRIGHT COMPLAINTS

Doricdesign Ltd. and its agents respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Guarneri.net for clarification of the infringement.

DUTIES AND OBLIGATIONS OF USERS OF THE SYSTEM

1) All Sellers warrant that any item described by them on the System including but not exclusively ' Standard ' forms, ' Standard Plus ' forms, ' Guarneri.net Professional ' Instrument Description forms and ' Guarneri.net Professional ' Bow Description forms is available for physical inspection and sale free of all third party claims at the time of submission to Guarneri.net of any of the said forms.
2) All Sellers warrant that the ownership of the property described by them on the System including but not exclusively ' Standard ' forms, ' Standard Plus ' forms, ' Guarneri.net Professional ' Instrument Description forms and ' Guarneri.net Professional ' Bow description forms or anywhere else on the System is lawful and is free of all third party claims including but not exclusively taxes, government levies, heritage exportation law restrictions of certain countries and family division claims.
3) All Sellers are responsible for collection of Buyer funds, whether principal funds or interest or expenses, and any failure or delinquency of Buyers in fulfilling obligations made to Sellers, financial or otherwise, will in no circumstance constitute action against Guarneri.net. Neither will Guarneri.net assume any responsibility for obligations of Buyers towards Sellers.
4) All Other Users, including but not exclusively Buyers, are responsible for fulfilling obligations, financial or otherwise, made to other System Users, including but not exclusively Sellers. No events or circumstances will constitute inclusion of Guarneri.net as responsible or liable for obligations, disputed or otherwise, of Guarneri.net Users towards other parties.
5) All Sellers are responsible for the security and insurance of the property they submit to the System. Guarneri.net accepts no responsibility for loss, theft, accidental damage, malicious damage or any uninsured loss or risk arising from the submission of the property of Sellers to the System.
6) All System Users are responsible for their personal safety in dealing with persons known or unknown to them and all System Users accept that Guarneri.net accepts no responsibility for the behaviour of other parties, including but not exclusively System Users including but not exclusively Sellers and/or Buyers.
7) All System Users are responsible for their personal possessions and effects, including but not exclusively computers, in the course of dealing with persons known or unknown to them and all System Users accept that Guarneri.net accepts no responsibility for the behaviour of other parties, including but not exclusively System Users including but not exclusively Sellers and/or Buyers.
8) All System Users are responsible to non-users of the System in the course of dealing with persons known or unknown to them and all System Users accept that Guarneri.net accepts no responsibility for the behaviour of other parties, including but not exclusively System Users including but not exclusively Sellers and/or Buyers.
9) All Sellers are responsible for representations they submit to Guarneri.net and Other Users, including but not exclusively Buyers, by e-mail and any other communication medium.
10) All Sellers are responsible to Guarneri.net and Other Users, including but not exclusively Buyers, for representations they submit to Guarneri.net for publication as Descriptions on the System. The use of the internet, e-mail and any HTML or CGI features, including but not exclusively, input type boxes, text area fields, pop-up selectors, radio buttons, checkboxes, HTML form buttons used on the System will be held as representations made by Sellers of the property indicated by the HTML or internet or e-mail feature used. Guarneri.net can in no way be held responsible for the misrepresentations or inaccuracies either wilful or fraudulent or mistaken or negligent or otherwise of any Sellers or any Users availing themselves of the System or Facilities.
11) Any reliance Users place upon any Services, Statements or Descriptions provided by the System will be at the user's sole risk and it is solely the user's responsibility to ensure that any Services, Facilities, Statements or Descriptions meet the user's requirements.
12) Guarneri.net are supplying services for Sellers to offer instruments and/or bows. Guarneri.net is not selling or offering for sale any instruments and/or bows except where stated

PRIVACY

1) All Users are bound by the Privacy Policy when using the System or using information gathered from the System.
2) All Users permit Guarneri.net, without limitation, to forward either the Name or alias together with the E-mail address supplied in their enquiries to Sellers in pursuit of information they seek. 3) Unless otherwise authorised or consented to by the Guarneri.net, all Users are bound not to use any information regarding other participants that is accessible from the System or disclosed to you by Guarneri.net except to initiate and complete enquiries. Without limiting the generality of the foregoing, all Users are bound not to use any such information for purposes of 'spamming', harassment, invasion of privacy or otherwise objectionable conduct.
4) Children and minors: No information should be submitted to the Guarneri.net System by Users under 18 years of age, or the age of legal majority in their country of residence, without the consent of their parent or guardian.
5) Data Security: Guarneri.net is fully committed to data security. While Guarneri.net strives to protect personal information of Users, the security of the information transmitted to the System cannot be ensured. In this regard, all Users are urged to take every precaution to protect their personal data while on the Internet.

STATEMENTS AND ILLUSTRATIONS BY GUARNERI.NET REGARDING MUSICAL INSTRUMENTS AND BOWS

Statements and illustrations by Guarneri.net regarding musical instruments and bows or makers of instruments or bows on the System or in any correspondence by e-mail or in HTML pages or hypertext links or in public statements or in private statements are expressions of opinion only and Guarneri.net accepts no responsibility for consequential loss resulting from reliance on these statements. Any reliance Users place upon any Services, Facilities, Statements or Descriptions will be at their sole risk and it is solely their responsibility to ensure the applicability of any Services, Facilities, Statements or Descriptions to their requirements or circumstances.

MODERATOR POLICY

Guarneri.net encourages Users to exercise discretion while using the System. Guarneri.net operates a " Moderator Policy " to caution Sellers against untenable or clearly excessive claims that they may make or observe Other Users claiming for instruments or bows on the System. Neither will Guarneri.net be held responsible for the errors, however interpreted of System Users, including but not exclusively Sellers. Further, Guarneri.net cannot be held responsible for comments, fair or otherwise, of other parties, including but not exclusively Other Users, in the operation of the "moderator" policy or any other aspect of the operation of the System.

SELLER RATING

Guarneri.net encourages Users to exercise discretion while using the System. Guarneri.net permits Buyers to rate the ability of Sellers using the Guarneri.net Professional System according to their perceived reliability in accurately recording information regarding instruments or bows that they offer on the System. This facility relies on opinions of Other Users, including but not exclusively Buyers. Guarneri.net will not be held responsible for any consequential loss arising from the use or reliance on the rating System of Guarneri.net Professional. Guarneri.net will not be held responsible for the validity, fairness, accuracy of any opinions that form a Seller's rating at any particular time.

LISTINGS AND DESCRIPTION DISCLAIMER: ALL GOODS ARE ANNOUNCED ON THE SYSTEM “AS IS” AND USUALLY UNINSPECTED BY GUARNERI.NET. GUARNERI.NET MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO ANY ITEM LISTED ON THE SYSTEM. IN NO CIRCUMSTANCES SHALL GUARNERI.NET BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ON THE SYSTEM, IN THE INSTRUMENT OR BOW LISTINGS OR THE INSTRUMENT OR BOW DESCRIPTIONS OR OTHERWISE, WITH RESPECT TO THE OWNERSHIP, MAKER, ORIGIN, DATE, RARITY, IMPORTANCE, CONDITION OR ORIGINALITY OF ANY PART OF ANY INSTRUMENT OR ANY BOW. IN NO EVENT WILL GUARNERI.NET BE HELD LIABLE TO ANY PERSON FOR THE DESCRIPTION OF ANY INSTRUMENT OR BOW. SELLERS THEIR SERVANTS OR AGENTS INPUTTING CONTENT OR DATA VIA THE DESCRIPTION FORMS RETAIN NO RIGHTS TO HOLD GUARNERI.NET RESPONSIBLE FOR THE VALIDITY OF THE SAID CONTENT OR DATA IN DISPUTES WITH ANY OTHER PARTIES INCLUDING BUT NOT EXCLUSIVELY OTHER USERS OR BUYERS IN DISPUTES REGARDING THE VALIDITY OR FAIRNESS OR ACCURACY OF ANY CONTENT OR DATA IN RESPECT OF ANY GUARNERI.NET SERVICE

PROGRAMMING LANGUAGES AND APPLICABILITY

The Guarneri.net System uses certain computer and/or internet programming languages including but not exclusively JavaScript and HTML to display notices, disclaimers and terms and conditions any or all of which in any case will apply to content, data, illustrations displayed on other pages or links or HTML frames or HTML framesets or windows or text area boxes. Cataloguing forms are also available to download in Portable Document Format and the Terms and Conditions will apply equally in the course of use of said downloaded forms as with those used on the System. In the case of error, failure or absence, however caused, of the display of notices, disclaimers and terms and conditions applying to any page or pages on the Guarneri.net System then the same notices, disclaimers and terms and conditions will in any event apply to those pages. Where any feature fails on account of 'browser' incompatibility the version displayed in Microsoft © Internet Explorer © version 5.0 will be held as taking precedence in any possible disputes.

SYSTEM FAILURE AND COMPUTER VIRUSES

The internet services offered by Guarneri.net are reliant on Systems and services of third party service providers, who may, from time to time and due to reasons beyond the control of Guarneri.net be unable to fulfil service obligations or services or System features to Guarneri.net and their clients and Other Users, including but not exclusively Sellers. Guarneri.net accepts no responsibility for any failure, however caused, of the internet or the world wide web or the service providers of Guarneri.net to provide services. Guarneri.net accepts no responsibility to any person, including but not exclusively Guarneri.net System Users, for the acquisition, however generated, of e-mail and/or computer 'viruses', whether maliciously, intentionally or unintentionally or accidentally transmitted or installed by any party.

REMEDIES FOR BREACH OF THE TERMS & CONDITIONS

1) Failure of any Sellers in the observance of the Terms & Conditions will constitute enablement of Doricdesign Ltd. to petition on behalf of Guarneri.net against the Seller in law. 2) Failure of any Buyers and/or Other Users in the observance of the Terms & Conditions will constitute enablement of Doricdesign Ltd. to petition in law on behalf of Guarneri.net against the user failing in their observance.

GOVERNING LAW AND SEVERABILITY

These Terms and Conditions and any amendment to them shall be governed by and interpreted and construed in accordance with English Law. In the event that any provisions in these Terms and Conditions should be held unenforceable for any reason the remaining Terms and Conditions shall remain in full force and effect -

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