Terms & Conditions Of Sale Via WebsiteReturns PolicyAudio Downloads Terms & Conditions
On this page we display our terms and conditions that shall govern the sale and purchase of products through our website, the sale and supply of downloadable audio files through our website, the use of those audio files, and how we handle returns.You will be asked to give your express agreement to these terms and conditions before you place an order on our website.These document do not affect any statutory rights you may have as a consumer.
Terms & Conditions Of Sale Via Website – click to open
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Interpretation
2.1 In these terms and conditions:
(a) “we” means Woolgoose Records/MonaLisa Twins; and(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; you will then get transferred back to our order received / thank you page; and once we have checked whether we are able to meet your order, we will either send you an order confirmation per email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order via website form error messages.
4. Products
4.1 The following types of products are or may be available on our website from time to time: physical products, downloadable products, virtual products and periodic subscription products.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, depending on the type of product, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by any of the permitted methods specified on our website from time to time.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 14 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);(c) an administration fee of GBP 25.00 including VAT; and(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement (MONALISA or MONALISA TWINS), and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
7. Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days (mainland United Kingdom) up to 30 days (International) following the date of the order confirmation; however, we do not guarantee delivery by this date as this is out of our control once the products got passed on to the post office or carrier.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
7.5 We usually ship products worldwide but we may, without giving reasons, from time to time exclude certain countries from delivery.
8. Distance contracts: cancellation right
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
8.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by sending an email to [email protected]. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us to MonaLisa TwinsInitial Business CentreBuilding 7, Wilson Business ParkMonsall RoadManchester M40 8WNUnited Kingdom.or hand them over to us or a person authorised by us to receive them.
You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and(b) as otherwise provided in this Section 8.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
8.7 We will refund money using the same method used to make the payment. In any case, you will not incur any fees as a result of the refund.
8.8 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products. If we have not yet sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
8.9 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:
(a) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;(b) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;(c) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;(d) the supply of goods which are liable to deteriorate or expire rapidly;(e) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;(f) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or(g) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;(b) you have full authority, power and capacity to agree to these terms and conditions;(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and(d) you will be able to take delivery of the products in accordance with these terms and conditions.
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;(d) the products you buy will correspond to any description published on our website; and(e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;(b) limit or exclude any liability for fraud or fraudulent misrepresentation;(c) limit any liabilities in any way that is not permitted under applicable law; or(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.5 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of the total amount paid and payable to us under the contract.
11. Order cancellation
11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or(b) you commit any breach of that contract.
11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.
11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
12. Consequences of order cancellation
12.1 If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.
13. Scope
13.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
14. Variation
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. No waivers
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
17. Severability
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
19.1 Subject to Section 10.1, these terms and conditions, together with our returns policy and our audio download terms and conditions, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
21. Statutory and regulatory disclosures
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2 These terms and conditions are available in the English language only.
22. Our details
22.1 This website is owned and operated by Woolgoose Records/MonaLisa Twins.
22.2 We are registered in England and Wales, and our registered office is atInitial Business Centre, Building 7, Wilson Business Park, Monsall Road, Manchester M40 8WN, United Kingdom.
22.3 You can contact us:
(a) by post, using the address given above;(b) using our website contact forms;(c) by email, using any email address published on our website from time to time.
Returns Policy – click to open
Audio Downloads Terms & Conditions – click to open
Yeah sorry, no shop without the small print. But no worries, buying in the MonaLisa Twins online-store isn’t dangerous. Here’s the overview:
Orders
With your order you are making a binding offer to us to conclude a contract with you. We can accept that offer by sending you an order confirmation per e-mail or sending you the ordered products. As a first step you will receive an order confirmation per e-mail to the e-mail address you provided with your order. The sales contract will come into being only with our confirmation of order per e-mail or with delivery of the ordered product(s).
When ordering in our online store the ordering process will lead you through 6 steps in total:
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In the first step you will select the products you want to buy and register or check out as a guest. (Checkout as guest is disabled only for downloadable products as you might want to be able to re-download your purchased downloads from your registered account under “My Account/My Downloadable Products” more than once.)
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In the second step you will enter your customer data including billing address.
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In the third step you can enter a shipping address if it differs from the billing address.
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In the fourth step you will select the shipping method.
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In the fifth step you will select the payment method.
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In the sixth and last step you will have the possibility to review all entered data (e.g. name, address, ordered items, payment- and shipping methods) and where necessary to correct them before you send us your order by clicking on “Place order“.You will then receive our order confirmation per e-mail with all detailed order data on it.If you have registered with our online store you will further have the possibility to view (and reorder) your orders under “My Account/My Orders“.
The delivered products remain our property until they are fully paid.
Prices & Shipping Costs
All prices are final prices including tax, but excluding shipping. Shipping costs can be estimated via the shipping calculator on the shopping cart page. Just enter your country and ZIP Code to get a quote. Shipping costs will be added to the subtotal on the shopping cart page and will also be visible in the order review on the checkout page. Shipping costs are UK Royal Mail rates.
Dispatch
Unless otherwise stated we will ship your product(s) 1 workday after full payment at the latest. Estimated delivery times are the official UK Royal Mail ones. Your downloadable products are accessible from the order confirmation page (link), via your customer account and/or via the order confirmation e-mail as soon as they are fully paid. If you are not able to download your products, please check the status of payment in your account or contact us.
Payments
Payment methods are prepayment by bank transfer, PayPal (via PayPal payment gateway) or Credit Card (via Stripe payment gateway). We reserve for ourselves to exclude single payment methods. If you select “prepayment” you will be given the bank details in the order preview in the checkout procedure as well as in the order confirmation e-mail. We reserve for ourselves to exclude single payment methods.
Our credit card and PayPal gateways handle all transactions in a secure environment. As it is required by e-commerce law, full payment data encryption between this website and these payment gateways is ensured. No payment data are ever getting displayed to MLT or their staff or stored in this website’s/shop’s databases nor with the hosting company’s. You can see that from the added “s” in the https:// instead of http:// in the web address.
Membership Subscriptions
- New Memberships:You can only become a MonaLisa Twins member by registering an account and buying one of our membership products online. All membership fees quoted are for monthly or annual subscriptions, and you can select the one you prefer from a drop-down menu when making your membership purchase. You can also choose between a one-off payment (membership and access to membership content expires after the period you paid for) or recurring payments (automatic renewals after the selected period). You can change payment plans anytime, and your fees will be prorated accordingly.
When joining as a member online, a contract is made between you and MLT online shop as soon as your membership registration has been completed, payment has been received in full and an order confirmation was automatically generated and e-mailed to you.
Please note that all future communications and membership documents will be addressed to you according to the way that you enter your name, address and e-mail address. All communications to these contact details will be considered delivered, and MLT online shop will not be responsible for you not receiving their communications in case of outdated contact details.
- Membership Renewals:If you are already a member and wish to renew your membership, please log into your account and follow the instructions on how to renew your membership. If you have opted for automatic renewal you have agreed that recurring payments will be made automatically through the same payment method you have used for your initial purchase of your MLT membership. For you to maintain uninterrupted access to membership content, these payments are taken in advance, on the day before the membership lapses.
Before your membership is about to expire you will get automatically notified per e-mail that and when exactly the membership is going to expire and how you can renew it. In case of automatic renewals, you will also get an automatic e-mail notification about the upcoming payment that is due to be taken off from your originally provided payment method.
- Lapsed and Freezed Memberships:If your membership has lapsed for a period of 3 (three) months or more, you will be required to re-join. However, MLT online shop also offers the option to freeze your membership for up to 3 (three) months to accommodate your needs. In order to reactivate your lapsed membership, please log in to your account and follow the instructions. When you unfreeze your membership, your first monthly payment may be slightly more or less than usual due to the system calculating a pro-rata amount for the days your membership was frozen. We do not offer the freeze option on fixed term and paid in full memberships.
- Membership Payments:If you are joining a MLT membership you can only pay by credit or debit card or PayPal. Our credit card gateway (via Stripe payment gateway) and PayPal payment gateway handle all transactions in a secure environment. As it is required by e-commerce law, full payment data encryption between this website and these payment gateways is ensured. No payment data are ever getting displayed to MLT or their staff or stored in this website’s/shop’s databases nor with the hosting company’s. You can see that from the added “s” in the https:// instead of http:// in the web-address.
For a payment made via a credit/debit card or PayPal, their current, non-refundable fees as stated in their Terms & Conditions will be added at the payment stage. If you cancel your debit or credit cards or your PayPal account or if they expire, your membership will be at risk. If you wish to change your method of payment please log in to your account and follow the instructions.
- Membership Upgrades or Downgrades:All membership fees quoted are for monthly or annual subscriptions (you can select that from a drop-down menu when you first purchase the membership), and we will contact you when your subscription is due for renewal. However, you can choose to upgrade or downgrade any of your active memberships anytime by logging in to your account and following the instructions. The system will prorate the fees accordingly.
- Membership Cancellation:You have 14 working days from the date of confirmation of your new membership in which to cancel your subscription. This will be the day on which you are notified by e-mail message that your membership registration has been completed.
If you wish to exercise your right to cancel your membership, log in to your account and follow the instructions or contact customer service at [email protected] if you need assistance. MLT online shop will refund the full amount back to the same card that was used for the payment.
The above cancellation rights only apply to new membership applications and will not apply to renewals of existing memberships.
- Membership Termination:You can terminate your membership at any time by logging in to your account and follow the instructions or contact customer service at [email protected] if you need assistance. Any applicable refund will be prorated automatically and refunded to your original payment method, and access to this membership’s content will be terminated as well.
In the case that MLT online shop decides to cease offering memberships, all active memberships will be prorated to the termination deadline and applicable refunds will be refunded to your original payment method. Any such decisions will be announced per e-mail at least 30 days prior. Please keep your account data up-to-date to make sure to get notified. All communications to your contact details will be considered delivered, and MLT online shop will not be responsible for you not receiving their communications in case of outdated contact details.
Customer Service
For any questions, inquiries or if you require assistance regarding any of your purchases in the MLT online shop, please contact the MLT team at [email protected] and one of the team members will get back to you within 24 hours (Please allow for time zone differences).
Warranty
Warranty is based on the provisions of UK law.
