Welcome to www.hurwitzviolins.com, the website and online service of Hurwitz Fine Instruments and Bows ("Hurwitz's", "Hurwitz Fine Instruments and Bows", "we", or "us"). This page explains the terms by which you may use our online services, web site, and software provided on or in connection with our services (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and to the collection, use, and disclosure of your information as set forth in the  Hurwitz's Privacy Policy  whether or not you are a registered user of our Service. We reserve the right to make unilateral modifications to these terms. This Agreement applies to all visitors, users, and others who access the Service ("Users").

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. You may use the Service only if you can form a binding contract with Hurwitz Fine Instruments and Bows, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Hurwitz Fine Instruments and Bows.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This website may contain certain historical information. Historical information, is provided for your reference only and should not be relied on. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Hurwitz Fine Instruments and Bows provides a service for Users to make offers for (“Offer”) and purchase (“Purchase”) musical instrument, bows, and other speciality items and combinations of such items through the Hurwitz's online sales platform. As used in this Agreement, any User who Offers or Purchases an item is referred to as a "Buyer." Goods offered for sale are referred to as "Item(s)". The terms and conditions of this Agreement expressly apply to and govern the Offer and Purchase of items offered. By using the website in any manner, including without limitation any Offer or Purchase of any Item, you expressly agree to the applicable terms and conditions terms and conditions of this Agreement.

The User agrees that he/she: (a) through the use of the Website, acknowledges and accepts these Terms of Use; (b) will not copy or distribute any content of the Website; and (c) will not interfere with or access the service provided by the Website in any way other than that which is intended by Hurwitz Fine Instruments and Bows. (d) understands that any breach of these Terms of Use will result in permanent or temporary termination or suspension of your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. The Buyer represents and undertakes to Hurwitz Fine Instruments and Bows. that all information contained in the Offer application is complete, truthful and accurate. Hurwitz Fine Instruments and Bows reserve the right to: (a) decide whether to verify the Buyer; (b) carry out credit and verification checks on the Buyer; and (c) require bank guarantees or payment in advance in order for the Buyer to offer on any item. The Buyer undertakes to notify Hurwitz Fine Instruments and Bows in writing of any subsequent changes of the offer application.

Hurwitz Fine Instruments and Bows takes every step possible to provide accurate reports on condition and provenance, however it is the User's responsibility to satisfy themselves about the following factors before Offer or Purchase the User shall rely on his/her own inspection of the item prior to Purchase.

Where Hurwitz's make any statement describing an Item, whether in a condition report or otherwise, Hurwitz's merely express an opinion and does not give any warranty whatsoever as to the quality, state of repair, condition, history and/or value of the Item. Where the Buyer has reason to believe that an Item is not a genuine work of the stated maker, then the Buyer may submit a notice of claim pursuant to the further terms of this paragraph. The Buyer shall in such event, and within 20 days of the Purchase ensure that Hurwitz's has received both the Item the Buyer’s written notice of the reasons for contesting the authenticity of the Item.

Upon receipt of such a notice and the applicable item from the Buyer, Hurwitz's will supply a list of three experts, as chosen by Hurwitz's in its sole discretion, whose opinions would be used to determine the authenticity of such Item ("Consultants"). Subject to the Buyer’s compliance with the terms and conditions of this paragraph, Hurwitz's shall in collaboration with its Consultants make a determination of the authenticity of such Item, and, if Hurwitz's, in its sole discretion, determines that the Item is not a genuine work of the maker specified in the applicable description, Hurwitz's will fully refund the purchase price paid for the Item by the Buyer. If Hurwitz's determines, in its sole discretion, not to refund the purchase price, the Item will be returned to the Buyer at their sole risk and (pre-paid) expense. All packaging, handling, shipping and insurance shall be the sole responsibility of the Buyer. Hurwitz's shall have no responsibility for any loss or damage to any Item incurred in shipment. The User acknowledges that Hurwitz's is not responsible for any fault or defect in any item and that each item is sold as seen. Hurwitz's may sell certain items with a written opinion of authenticity from many different sources. For the avoidance of doubt, the Buyer shall not have a right to contest the authenticity of an Item where Hurwitz's has qualified an attribution to a maker with terms such as and not limited to "ascribed to", "attributed to", "school of", or similar terms referring to a maker; in addition, the Buyer shall have no right to contest any statement by Hurwitz's with respect to the nationality of a maker or the country of origin of an Item.

Hurwitz’s makes every effort to display as accurately as possible the colours and images of the Items however cannot guarantee that the Users’ computer monitor's display of any colour will be accurate.

Users may make an Offer by following the instructions located on the Service. All offers are to be made in the respective currencies listed on each item page in each individual case. All offers made by the User will be sent to Hurwitz Fine Instruments and Bows within 24 hours of submission. Hurwitz’s have 24 further hours to accept or decline an offer, and the User will then be notified by email, phone or post using the details provided. By submitting an Offer, the User acknowledges and agrees that they are committing to a legally binding and irrevocable offer to purchase the item at the submitted offer price once accepted. Hurwitz Fine Instruments and Bows reserve the right to decline the offer for any reason at any time. All requests to retract an Offer must be submitted in writing to Hurwitz's within 12 hours of the original submission. Hurwitz's retains at its absolute discretion the right to accept or refuse any requests for an offer to be retracted. All offers are valid only for 7 days from point of submission.

Where it is indicated that the Item is being sold in a currency other than Pounds Sterling, payment must be made in the currency shown.

It is the responsibility of the buyer to arrange shipment of their purchased Item. Hurwitz Fine Instruments and Bows does not provide a shipping and packing service, however Hurwitz’s can recommend the following shipping and customs agents and will help liaise with these contacts at their sole discretion. Hurwitz's is not liable for any acts or omissions made by the shipping and customs recommended.

Alban Shipping Ltd - Premier Business Park, Dencora Way, Luton LU3 3HP Tel: +44 (0) 1582 493099 Email: andrew@albanshipping.co.uk

Art Plus International - 97 Fox Lane Palmers Green London, N13 4AP Tel: +44 (0) 20 8882 1071 Mobile: +44 (0) 7710 747710 Fax: +44 (0) 20 8372 3772 Email: rt@art-plus.co.uk

Rock-it Cargo Ltd - Unit 6, X2 - Hatton Cross Centre Eastern Perimeter Road London Heathrow Airport Hounslow, TW6 2GE Tel: +44 (0) 20 88 977 9777 Fax: +44 (0) 20 88 975 699 Email: info@rock-it.co.uk

Regency Shipping Ltd - Unit 15, Trident Industrial Estate Blackthorne Road Colnbrook, Berkshire, SL3 0AX Tel: +44 (0) 1753 287800 Fax: +44 (0) 1753 287888 Email: info@rsllhr.co.uk

Where applicable, it is the responsibility of the User/Buyer to arrange for the export of a purchased Item out of the UK and its import into another country. This includes obtaining any export or import licences that may be required, as well as any documentation for endangered species, if relevant.

The import, export and use for commercial gain of materials derived from certain species require a permit from CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora). These materials include, but are not limited to, ivory, tortoiseshell and whalebone. It is recommended that the buyer enquire with the UK government as well as the government of the importing country about possible restrictions. For more information, please visit www.gov.uk/cites-imports-and-exports

Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law.

The Buyer must make full payment of the purchase price of any Item to Hurwitz Fine Instruments and Bows, plus any applicable sales taxes, commissions (premiums), and all charges associated with shipping (including shipping insurance) no later than 14 working days after the acceptance of an offer. Payment can be made by cheque (UK only), international and local bank transfers, bankers' drafts and cash with proof of ID up to £10,000 or equivalent in other currencies.

Title of the purchased Item will not be passed to the Buyer and the Item cannot be collected until cleared funds have been received for the full payment of the Item by Hurwitz Fine Instruments and Bows. Any purchased Item remaining unpaid 15 days after the issuance of the invoice may incur a late payment fee of 3 per cent of the Offer Price.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Hurwitz Fine Instruments and Bows, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum extent permitted by law.

You agree to indemnify, defend and hold harmless Hurwitz Fine Instruments and Bows and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against Hurwitz Fine Instruments and Bows.

These Terms of Service and any separate agreements whereby we provide you any services shall be governed by and construed in accordance with the laws of the UK.

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at contact@hurwitzviolins.com