General Contracting Terms and Conditions
The present document called General Contracting Terms and Conditions contains the terms and conditions of using the services of the cremonae.com website as a user, a seller or a buyer, which is operated Cremonae.
The Cremonae international auction portal aims to make the purchase and sales of stringed instruments easier and quicker. Contrary to the traditional auction houses, on Cremonae everyone can auction their musical instruments and accessories easily as a private person or as a professional dealer, as well. To start an auction all you need is a set of high quality images and an internet connected device (such as PC, tablet, mobile phone) to upload your photos. So as to improve the success of the selling process, if you need, our experienced professional experts may issue a valuation and an appraisal.
1, In the conditions set out below, some terms are used regularly that need explanation.
They are as follows:
The Buyer –is the user who places a bid or purchases an item by using the ‘buy it now’ function, on the website.
The Item – every item which is under an auction or for sale by a ‘buy it now’ optionon the website.
The Seller – is the user who uploads items to the website for auction or for sale at a fixed price as well.
Cremonae fee – is a commission which is paid forthe Cremonae auction portal, and shall be deducted from the price of the item.
2, Using Cremonae
In connection with using or accessing the Services you will not:
• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
• fail to pay for items purchased by you, unless you have a valid reason as set out in a Cremonae policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
• fail to deliver items sold by you, unless you have a valid reason as set out in a Cremonae policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user's listings;
• post false, inaccurate, misleading, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems
• transfer your Cremonae account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Cremonae, or the interests or property of users;
• use any robot, spider, scraper, or other automated means to access our Services for any purpose;
• reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Cremonae, or that comes from the Services and belongs to another Cremonae user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Cremonae and/or any other party holding the right to license such use;
• harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.
• If we believe you are abusing Cremonae in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
• We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
The commission shall be paid for the Cremonae portal by the Buyer. It shall be deducted from the price of the item, regardless of whether it is under auction or for sale at a fixed price. For PayPal payment, the commission shall be paid for Cremonae in advance (step 1) of the payment of the item itself (step 2); thus the item may be paid after the commission had been paid previously. The item shall be considered paid in the case both the commission and the price has been paid.
For Escrow payment, Cremonae shall request the payment of the commission as a broker.
4, Returns and Cancellations
The Seller may create own return policy; by purchasing the Buyer confirms that return policies are accepted. In accordance with the GTC of Cremonae, the Buyer shall be entitled to submit a complaint within 14 days of the receipt of the item. After the Buyer had sent the item back to the Seller, the Seller shall be obliged to pay the price of the item back to the Buyer. After the Seller had paid the total price of the item back to the Buyer, the Buyer shall be entitled to get the commission back from Cremonae. In the case the Seller paid the price back to the Buyer only partly or the parties agreed only, Cremonae shall not pay the commission back to the Buyer.
5, International shipping
The Cremonae website is an international auction portal, thus you–whether as a Seller or a Buyer—shall be obliged to respect the legislation of the current country. Regarding the import and export activities of items subject to restriction, current legislation of the destination countries shall be respected. In the case the Seller or the Buyer fails to respect the current legislation, Cremonae shall hold no responsibility.
6, Cremonae buyer protection
On the website, the Buyer protection is provided by PayPal and Escrow.com in the case the payment transaction is made via any of the two systems, exclusively. Any other payment method shall not be supported by Cremonae.com and the usage of them shall be forbidden, and shall result in being banned from the website. The Cremonae is an exclusive auction portal, having no own items for sale. Thus, Cremonae shall hold neither guarantee, nor responsibility for them; in all cases, guarantee and responsibility shall be held by the Seller. Furthermore, in all cases, for damages caused by the Buyers, Cremonae shall hold no responsibility either, responsibility shall be held by the Buyer.
In accordance with the situation and the Terms, the Seller shall be obliged to compensate the Buyer in the case the Buyer makes a justified complaint (e.g. the item is defected, damaged, not original, does not meet the description, etc.)
7, Purchase Conditions
When buying an item, you agree to the rules for buyers and that:
You are responsible for reading the full item listing before making a bid or commitment to buy.
You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
By making a bid or purchse a fixed price item on our portal, you agree that you shall be obliged to pay for the price of the item which contains the Cremonae commission to be paid for us (Step 1) and the sales price to be paid for the Seller (Step 2). In the case the Buyer fails to pay for the items purchased, he may be banned from the portal. The Buyer shall be obliged to pay for the items purchased as soon as possible, but not later than 7 days. By purchasing any items on the portal you acknowledge that for any damages deriving from the sales transaction, in all cases the Seller shall hold full responsibility. The Cremonae portal shall only provide a place for trade, thus for any compensation of the damages, the Buyer shall contact with the Seller.
The Buyer is entitled to get back the Cremonae commission in the case the Seller had previously paid the sales price back to the Buyer.
8, Selling Conditions
By using our website as a registered member, you acknowledge and agree to be obliged to provide true data, on the item to be sold – involving photos, images, documents; furthermore, to provide a description of the conditions and probable defects of the item in details. For damages deriving from auctions or ads containing misleading, false data or incorrect description, the Cremonae auction portal shall hold no responsibility and all damages shall be compensated by the Seller. If necessary, Cremonae portal may be entitled to provide data of the Seller to the competent authorities.
The item to be uploaded to the portal shall be exclusively a stringed instrument – and/or an accessory or literature in connection there with--, such as a violin, viola, cello, double bass, bow, books and sheet music, and parts.
As a Seller, you shall be obliged to deliver the item to the Buyer under the conditions as described before. When using a postal service, the Seller shall be obliged to post the item to the Buyer in correct wrapping, and choose the fastest and safest way of delivery.
Any damages deriving from the shipping shall be compensated by the Seller.
While selling an item, in the case the Buyer previously paid the total amount of the purchase, the Seller shall be obliged to deliver the item as soon as possible and provide the tracking data of the parcel.
For antique instruments, in the case local legislation prescribes that, the export of the instrument shall be approved by the local competent authority. This authorization process shall be arranged by the Seller and the Buyer; the Cremonae portal shall hold no responsibility of that.
The Buyer and the Seller together shall hold the responsibility of the success of the transaction (both for Escrow and PayPal payment methods) and the compensation of any damages.
The articles are informative texts only, for false data or information we hold no responsibility.
Valuation may differ from the real value of the item; for damages deriving from that we hold no responsibility.
Dates in the makers list are informative data only, we retain the right of any difference or failure.
Items on the list page are uploaded by the users; any financial and legal responsibility shall be held by Seller of an item.
14, Item page
• You acknowledge and accept that valuation which is prepared by our expert and indicated on the item’s data sheet is only an indicative and real value of the product may differ from that; for damages deriving from value differences we hold no responsibility.
• Valuation prepared by our expert and indicated on the item’s data sheet is only an indicative and real specification of the item may be different from that; for damages deriving from differences in specification we hold no responsibility.
• Exchange rate conversions indicated on the item’s data sheet are only indicatives and approximate data and the current price of the item may be different from that; for damages deriving from exchange rate conversion differences we hold no responsibility.
15, Profile page
• Account information: After registration, on the profile information page Buyers shall be obliged to give true data on themselves.
• Shipping address: For damages deriving from incorrect shipping address we hold no responsibility. In the case the Buyer failed to give the correct shipping address and the Seller should resend the item to the Buyer, the Buyer shall be obliged to compensate the shipping fee to the Seller.
• Seller account: If someone would like to sell on our website, they shall be obliged to give true data on themselves. Correct filling of the ‘PayPal account email address’ field is essential for receiving the amount of the purchase.
You as a user of the Cremonae auction portal in your system correspondence must not publish or send any of your personal or company contact information such as e-mail address, telephone number, Skype or other online contact information. In the case a user fails to respect the present point of the General Contracting Terms and Conditions (here in after referred to as GTC), he shall be banned out immediately.
‘Report’ function on the Feedback page shall be used in the case you received groundless negative or offensive feedback while an abuse committed on the website.
18, Report problem
By using ‘Report problem’ function in the ‘Actions’ menu, you may indicate that the item purchased differs from its description, or the item had been failed to arrive or had arrived damaged. In this case you should contact the Seller. Cremonae commission shall be paid back only if previously the Seller paid the total amount of the purchase back to you.
19, Cancel bid
By using the ‘Cancel bid’ function on the My bids page you may cancel your bid in the case you accidentally placed a higher bid than you planned. On a certain item you can cancel a bid only once. Abusing with bid cancellations shall be resulted in being banned from the website.
20, End auction
By using the ‘End’ function on the Active selling page you may indicate that you found defects in the item uploaded to the website, which may mislead the buyers. For deficiencies you may use the ‘Add note’ function to supplement the description of the item.
In the case the Buyer chose postal delivery and paid for the purchase to the Seller, the Seller shall give the shipping details of the parcel delivered to the Buyer by using the ‘Add shipping’ menu.
22, Sell an item
As a Seller, you accept that you shall give true data and information on the items you uploaded. The Seller shall be obliged to indicate if an instrument is not original or a copy one. Giving misleading information may result in being banned from the website.
23. a, Disclaimer of Warranties and Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by Cremonae;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Cremonae Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Abusing Cremonae Section above;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
• Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
23. b, Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Cremonae do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Cremonae Copyright Agent.
Copyright Agent and Support:
Local manager: William B. Carter
Local manager: Christopher Grimes
Local manager: Gabor Szentirmai
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
We may offer catalogs including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use catalog content solely in connection with your Cremonae listings. The permission to use catalog content is subject to modification or revocation at any time at Cremonae's sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs will always be available, accurate, and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Cremonae agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Cremonae User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Consumer complaints and users comments may be reported to the customer service of Cremonae in the ‘Contact us’ menu. Consumer complaints and questions shall be answered in writing via e-mail sent from the private system of Cremonae customer service to the e-mail address of the User indicated in his personal profile. By the Service Provider, consumer complaints and questions shall be answered without delay, but not later than the time limit stipulated by the relevant legal provisions.
In the case the User intends to implement and settle the legal disputes online, he may do that via http://ec.europa.eu/odr online legal dispute platform, where the e-mail address of the trader shall be .
The present GTC and its interpretation shall fall under the provisions of general rules of the Hungarian legislation and language.
In the case any provision of the present GTC becomes invalid, other provisions of the present GTC shall be applied without amendments.
In cases not regulated by the present GTC, the provisions of the Hungarian Civil Code and further national legislation in force shall be applied.
For legal disputes, where out-of-court settlement of the topic had failed between the Parties, the Buyer may initiate the procedure of the conciliation board. According to the seat of Cremonae (director: Gabor Szentirmai), the competent conciliation board is: Conciliation Board of Budapest (Budapesti Békéltető Testület) 1016 Budapest, Krisztina körút 99., 310/III. floor.; postal address: 1253 Budapest, Pf.:10. The Cremonaeshall not be required to be submitted to any conciliation boards. For legal disputes, the Consumer shall be entitled to implement a legal procedure via online forums.
Regarding the provisions of the present GTC, for any legal disputes, the Central District Court of Buda shall have exclusive competence.