Sections:

100% Satisfaction
Guarantee

Purchase Agreement
General
Acceptance
Pricing
Payment terms; orders
Shipping
Taxes
Title; risk of loss
Limited warranty
Nonconforming or defective   
products
Trade secrets
Limitation of liability
Compliance with applicable
law; resale or export
International shipments
Governing law
Fees & costs
Headings
Questions
 Gianna Violins Purchase Agreement
100% satisfaction guarantee
ACTUALLY NOTIFY US WITHIN TWO WEEKS OF THE TIME WE SHIP PLEASE!

Once accepted, Purchaser may return any product for refund of the product purchase price,
store credit, or exchange less charges listed below by notifying us within 2 weeks of the date
we ship the product.  Shipping and handling charges and a 3% handling charge (credit,
PayPal, and check payments) are nonrefundable.  All returned items must:

  • Have Return Authorization Number in LARGE print on outside of box
  • A copy of the original invoice
  • Be in the original packaging complete with any warranty card, owner's manual, or other
    specific paperwork
  • Be packed sufficiently to protect the instrument, as we packed for outbound shipping
  • Show no signs of damage, wear, or abuse  
  • Returns not meeting these conditions may be rejected or subject to a minimum fifteen
    percent (15%) restocking fee.  Unless purchaser specifically requests store credit or
    exchange in writing attached to invoice copy, Gianna Violins will make a refund.  
    Refunds for purchase made using a credit card or PayPal are issued a credit card or
    PayPal credit.  Refunds are issued for product value only, excluding shipping and
    handling fees.
  • Refunds will be issued within one week of receipt
  • This guarantee is intended to allow purchasers to try instruments.  Buyer's remorse or
    other sudden changes of mind once we have accepted payment and shipped the item
    and before the purchaser has received the goods do not fall under the satisfaction
    guarantee and void this guarantee.  We may reject the return of such items or impose
    fees as outlined above.  
  • Note that Purchaser accepts risk of loss until goods return to Gianna Violins and are
    accepted!!
  • Returns must be shipped to:

    Gianna Violins
    10091 Unitia Road
    Friendsville, TN 37737

    OR as directed by Gianna Violins
    .

Limitations: Except for defective items, the following products are nonreturnable: opened or
used strings, traditional and ethnic wind instruments, pickups that have been installed, washed
or worn clothing, body jewelry, books, cassettes, CDs, DVDs, auction items unless otherwise
described in the auction description, any items we indicate as “as is,” and any other items it
would be unreasonable in our opinion to return including items damaged in shipping.

Fractional Size Instruments:  Instruments other than 4/4 size are special ordered through our
shop then properly set up for optimal performance.  Be sure of your size!  Once they leave our
shop and arrive in good working condition, the sale is complete and is non-returnable.

Modified or custom items:  Purchaser specifically acknowledges that Gianna Violins’ 100%
satisfaction guarantee does not apply to items modified or customized by Gianna Violins or
other manufacturers at Purchaser’s request.  Gianna Violins may refuse to accept return of
custom or modified items at its discretion.  In the alternative, Gianna Violins may assess the
typical repair charge or a charge of $75/hour for reversing modifications and custom work, or
may assess a reasonable restocking fee.

Mandovoodoo optimization:  Charges for optimization services performed on a mandolin will
not be refunded on return.  

Purchaser agrees that Gianna Violins 100% satisfaction guarantee does not make this
Agreement a “Sale on Approval” or “Sale or Return.”
   
  General

Purchaser agrees that this agreement (“Agreement”) including the 100% Satisfaction
Guarantee above applies to all Purchaser’s remote (on line, telephone, or mail) purchases
from Gianna Violins (Stephen and Gianna Perry) and may NOT be altered, supplemented, or
amended by Purchaser in any way EXCEPT as specifically provided by separate, written,
formal agreement between buyer and Gianna Violins and signed in original or facsimile by
buyer and Stephen Perry of Gianna Violins.  Buyer agrees that any attempt to alter,
supplement or amend this Agreement or to enter an order for product(s) subject to additional
or altered terms and conditions is null and void, unless otherwise agreed to in a written
agreement signed by both Purchaser and Stephen Perry.

Acceptance

By ordering products or services from Gianna Violins, Purchaser accepts this Agreement.  
Orders do not bind Gianna Violins until accepted by Gianna Violins.  Gianna Violins will accept
orders by charging a credit card, cashing a check, accepting cash, by reply email, or by
shipping Purchaser ordered items.

Pricing

Gianna Violins does not warrant completeness or accuracy of information on the Gianna
Violins web site because prices, product descriptions, and availability may change suddenly.  
Please refer to Gianna Violins Web Site Terms of Use for more information on pricing policies.

Payment terms; orders

We accept Mastercard, Visa, American Express, Diners Club and Discover Card.  We also
accept PayPal, U.S. and International Postal Money Orders, and wire transfers.  We accept
personal or Cashiers checks drawn from US banks when valid address and drivers’ license
number are provided on check.  Checks up to $500 are processed through our "guaranteed
funds" merchant services when feasible and returned with products ordered.   Checks $500
and over are deposited and the product held  for 14 business days.

We will accept purchase orders from schools and similar organizations.  When Purchaser
negotiates to use a purchase order, Puchaser accepts personal responsibility for payment of
that purchase order regardless of any formal, informal, implied, or constructive relationship
you have with your organization.  Payment for items shipped on the basis of a purchase order
is due immediately upon receipt.  If payment is not received within 60 days of shipping we will
hold you personally responsible for payment.  You agree that we have the right to hold you
legally responsible for the outstanding charges, for the maximum rate of interest allowed under
Tennessee law, and for all collection fees regardless of who incurs them, including our own
legal and non-legal staff, collection agencies, investigators.  You agree to pay any other
related damages without contest, including any reasonable charges incurred.  Please make
sure your organization will pay the purchase order promptly!

Shipping

We use standard shipping charges for most products delivered within the continental United
States. Separate charges for shipping and handling will be shown on your order form, even if
part of the price listed on the Gianna Violins website.  These charges are non-refundable.  
Gianna Violins may make partial shipments.  Partial shipments do not terminate this
Agreement; Purchaser remains obligated to pay for remainder of order when shipped.  More
information on shipping and associated non-binding Gianna Violins policies is found on our
Shipping page.

Taxes

We collect sales tax on items or services delivered in Tennessee.  For items under $1600, this
tax is 9.25%.  No exceptions.  The amount of single article sale price over $1600 is subject to a
2.75% state tax up to $3200 sale price.  No sales tax is charged for repair items shipped to
other states or on items purchased in our retail store and shipped out of state.  You may be
responsible for a use tax in your state.

Title; risk of loss; FOB Gianna Violins

Title to products passes from Gianna Violins to Purchaser when packaged item is accepted by
common carrier.  Loss or damage during shipping is Purchaser’s responsibility.  Title returns to
Gianna Violins when an item is properly rejected as nonconforming or when an item being
returned under our 100% satisfaction guarantee is delivered to and signed for by Gianna
Violins so long as that item meets the requirements of that policy by being undamaged and
resalable, whether such damage results from environmental conditions, carrier negligence, or
any other cause whatsoever.  Purchaser agrees that items shipped in original cases or
manufacturer's cases provided with or for that manufacturer's instruments are properly packed
when shipped in those cases in the manner that the manufacturer ships those instruments.
Purchaser agrees to reimburse Gianna Violins for shipping and handling of improperly rejected
items.  Improper rejection includes but is not limited to rejecting conforming items as
determined by Gianna Violins, items shipped in conforming condition, but damaged in
shipping, and items returned without notifying Gianna Violins.  Purchaser agrees to pay a
reasonable storage fee for improperly rejected and returned items and that Gianna Violins
may collect this fee by sale of the item after six months via auction, delivering to the Purchaser
the difference between the sales price less fees and the storage fees owed, plus a reasonable
transaction fee figured at $50/per hour for arranging the auction and other activities springing
from the need to dispose of Purchaser's tangible personal property.  

Items damaged in shipping

Purchaser accepts full responsibility for filing insurance claims with carriers for items damaged
during shipping, whether that shipping is to or from Gianna Violins.  We will assist the
Purchaser in this process.  

Limited warranty

New products may carry a manufacturer's warranty.  These warranties vary in time and
manufacturer’s obligations. Contact Gianna Violins for warranty information.  Gianna Violins
provides no additional and separate warranty except on products manufactured by or for
Gianna Violins unless otherwise indicated in the description for the product.  To the maximum
extent permitted by applicable law, Gianna Violins expressly disclaims all warranties and
conditions on purchased items, whether express, implied or statutory, and including but not
limited to all warranties of merchantability, fitness for a particular purpose, title and non-
infringement of third party rights.  Contact individual manufacturers for warranty service
procedures.

Nonconforming or defective products

Purchasers have the right to reject nonconforming or defective products.  Items damaged in
shipping are excluded from this right.  A nonconforming product does not meet the product
description.  A defective product contains a material deficiency.  Musical instruments and
associated products are often made by hand from natural materials.  Variations in natural
materials, construction, and finish; minor polishing marks; and all other generally found
features of hand constructed items made from natural materials are not defects.  Purchaser
agrees that Gianna Violins’ or manufacturers determination of what is and is not a defect will
be binding and conditions made apparent to Purchaser in writing or verbally prior to ordering
are not defects and will not be used as a basis for rejecting the item or a cause for breach of
contract.

Gianna Violins retains the right to seasonably notify Purchaser of intent to furnish an item
conforming to the contract and to have further reasonable time to substitute a conforming item
where an item is properly rejected.

Trade secrets

Gianna Violins uses certain trade secrets in our products.  Purchasers agree to not attempt to
reverse engineer or otherwise divine trade secrets used in our products.   This is an explicit
condition of purchasing our products.  Purchasers individually and as agents for other entities
accept liability for revealing trade secrets to the maximum extent allowable under the law and
further agree to pay reasonable  attorneys' fees, costs, and collection fees including fees of
agencies incurred in prosecution of trade secret offenses.

Limitation of liability

Gianna Violins’ denies liability beyond those in this Agreement, including liability for products
not being available for use, provision of services (including repair services), or any support.  
Gianna Violins specifically disclaims liability for lost profits, loss of business or other
consequential, special, indirect, or statutory damages, even if advised of the possibility of such
damages. Purchaser agrees that any liability related to the purchase of products or services
associated with products, whether for breach of contract, warranty, negligence, strict liability in
tort or otherwise, Gianna Violins shall not be liable or responsible for damages above the
aggregate dollar amount paid by customer for the purchase of products or services under this
Agreement and giving rise to such liability, except in states that do not allow the exclusion or
limitation of incidental or consequential damages.

Compliance with applicable law; resale or export

Purchasers agree to comply with all applicable state and Federal laws and regulations of the
various states and of the United States.  Purchasers agree and represent that purchase is
only for personal use  and not for resale or export.

International shipments

Purchasers agree that Gianna Violins will place the actual purchase price on any customs
forms and agree not to attempt to convince Gianna Violins staff to place incorrect prices on
such forms or otherwise attempt to induce Gianna Violins staff to violate policies or laws of the
United States or other countries.

Governing law

Purchaser agrees that this Agreement will, for all purposes, be governed by and interpreted in
accordance with the laws of Tennessee as applied to contracts entered into and to be
performed entirely in Tennessee, without regard to conflicts of law provisions.  Purchaser
agrees that any dispute arising out of this Agreement may be addressed by binding arbitration
at Gianna Violins’ sole discretion.   Purchaser agrees that in the absence of arbitration, any
suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively
in state court in Loudon County, Tennessee or federal court in Knox County, Tennessee, and
that Purchaser irrevocably submits to the exclusive jurisdiction and venue of such courts.  If
allowed by law, all parties using the site or purchasing products from Gianna Violins agree not
to bring any legal action on any legal theory against Gianna Violins more than one year after
the date of the applicable invoice except for actions arising out of longer warranties offered by
Gianna Violins.

Fees & Costs

Should Gianna Violins find it necessary to pursue legal action because of Purchasers breach
of this agreement, including but not limited to fraudulent checks, credit card chargebacks,
PayPal chargebacks or any other reasonable cause, Purchaser agrees to compensate Gianna
Violins for attorneys' fees, court costs, investigation costs, and any other incidental or
consequential costs to the maximum extent allowed under the law including interest at the
maximum rate allowed under Tennessee law and costs incurred by collection agencies.

Headings

Section headings used in this Agreement are for convenience only and do not form a part of
these terms of use.  No construction or inference is intended or will be interpreted from these
section headings.

Questions

Please direct any questions to

Gianna Violins
10091 Unitia Road
Friendsville, TN 37737
865 986 9966
mail@giannaviolins.com
 
   
Gianna Violins  Maker and seller violin, viola, fiddle, violin case, violin bow, accessories, support, appraisal, restoration, Eastman mandolins &
guitars.

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Entire contents Copyright © 2005 Gianna Violins
Gianna Violins™ is a protected trademark used by Gianna Violins in interstate commerce.  Publisher does not accept liability for incorrect spelling,
printing errors (including prices), incorrect manufacturer's specifications or changes, or grammatical inaccuracies in any product or technical
information on Gianna Violins’ website, in email communications from Gianna Violins, or in telephone communications.  Prices and
specifications subject to change without notice.