Terms & Conditions Of Sale
1. Â Â Introduction
1.1Â Â Â These terms and conditions shall govern the sale and purchase of products through our website.
1.2Â Â Â You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3Â Â Â 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
2.1Â Â Â In these terms and conditions:
(a) Â Â “we” means Woolgoose Records Limited/MonaLisa Twins; and
(b) Â Â “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
3.    Order process
3.1Â Â Â The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2Â Â Â 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.
3.3Â Â Â 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.
3.4Â Â Â You will have the opportunity to identify and correct input errors prior to making your order via website form error messages.
4.    Products
4.1Â Â Â 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.
4.2Â Â Â 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
5.1Â Â Â Our prices are quoted on our website.
5.2Â Â Â 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.
5.3Â Â Â All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.4Â Â Â 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.
5.5Â Â Â 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
6.1Â Â Â You must, during the checkout process, pay the prices of the products you order.
6.2Â Â Â Payments may be made by any of the permitted methods specified on our website from time to time.
6.3Â Â Â 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.
6.4Â Â Â 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) Â Â an amount equal to the amount of the charge-back;
(b) Â Â 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) Â Â an administration fee of GBP 25.00 including VAT; and
(d) Â Â 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
7.1Â Â Â Our policies and procedures relating to the delivery of products are set out in this Section 7.
7.2Â Â Â We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3Â Â Â 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.
7.4Â Â Â 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.
7.5Â Â Â 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
8.1Â Â Â 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.
8.2Â Â Â 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) Â Â beginning upon the submission of your offer; and
(b) Â Â 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 shop@monalisa-twins.com. 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.
8.4Â Â Â If you cancel a contract on the basis described in this Section 8, you must send the products back to us to
MonaLisa Twins
Initial Business Centre
Building 7, Wilson Business Park
Monsall Road
Manchester M40 8WN
United 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.
8.5Â Â Â 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) Â Â 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) Â Â as otherwise provided in this Section 8.
8.6Â Â Â 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.
8.7Â Â Â 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.
8.8Â Â Â 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.
8.9Â Â Â You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:
(a) Â Â the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;
(b) Â Â 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) Â Â the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(d) Â Â the supply of goods which are liable to deteriorate or expire rapidly;
(e) Â Â 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) Â Â 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) Â Â the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
9.    Warranties and representations
9.1Â Â Â You warrant and represent to us that:
(a) Â Â you are legally capable of entering into binding contracts;
(b) Â Â you have full authority, power and capacity to agree to these terms and conditions;
(c) Â Â all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) Â Â you will be able to take delivery of the products in accordance with these terms and conditions.
9.2Â Â Â We warrant to you that:
(a) Â Â we have the right to sell the products that you buy;
(b) Â Â the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) Â Â you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) Â Â the products you buy will correspond to any description published on our website; and
(e) Â Â the products you buy will be of satisfactory quality.
9.3Â Â Â 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
10.1Â Nothing in these terms and conditions will:
(a) Â Â limit or exclude any liability for death or personal injury resulting from negligence;
(b) Â Â limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Â Â limit any liabilities in any way that is not permitted under applicable law; or
(d) Â Â 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.
10.2Â The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) Â Â are subject to Section 10.1; and
(b) Â Â 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.
10.3Â We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4Â 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.
10.5Â 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
11.1Â We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) Â Â you fail to pay, on time and in full, any amount due to us under that contract; or(b) Â Â you commit any breach of that contract.
11.2Â 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.
11.3Â 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
12.1Â If a contract under these terms and conditions is cancelled in accordance with Section 11:
(a) Â Â we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) Â Â 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) Â Â 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
13.1Â These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
13.2Â These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
14.  Variation
14.1Â We may revise these terms and conditions from time to time by publishing a new version on our website.
14.2Â 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
15.1Â 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.
15.2Â 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
16.1Â 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.
16.2Â 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
17.1Â 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.
17.2Â 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
18.1Â 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.
18.2Â 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
19.1Â 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
20.1Â These terms and conditions shall be governed by and construed in accordance with English law.
20.2Â 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
21.1Â 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.
21.2Â These terms and conditions are available in the English language only.
22.  Our details
22.1Â This website is owned and operated by Woolgoose Records Limited/MonaLisa Twins.
22.2 Â We are registered in England and Wales, with Company Number 13249086 at this address:
The Yew Tree Inn
High Street
Gresford
Wrexham
United Kingdom
LL12 8RF
22.3Â You can contact us:
(a) Â Â by post, using the address:
Building 7
Wilson Business Park
Monsall Road
Manchester M40 8WN
United Kingdom
(b) Â Â using our website contact forms;
(c) Â Â by email, using any email address published on our website from time to time.
Returns Policy
 1.   Introduction
1.1Â Â Â We understand that from time to time you may wish to return a product to us.
1.2Â Â Â We have created this policy to enable you to return products to us in appropriate circumstances.
1.3Â Â Â This policy shall apply to all of our customers, irrespective of their geographical location.
1.4Â Â Â This policy shall apply to all orders submitted through our website, except to orders of audio download files.
1.5Â Â Â 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.    Returns
2.1Â Â Â If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:
(a) Â Â we receive the returned product within 30 days following the date of dispatch of the product to you;(b) Â Â the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new;(c) Â Â you comply with the procedure set out in this policy in relation to the return of the product; and(d) Â Â none of the exclusions set out in this policy apply.
3.    Returns procedure
3.1   In order to take advantage of your rights under this policy, you must contact us at shop@monalisa-twins.com to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.
3.2Â Â Â Products returned under this policy must be sent by Royal Mail Signed For delivery to
MonaLisa Twins
Initial Business Centre
Building 7, Wilson Business Park
Monsall Road
Manchester M40 8WN
United Kingdom.
3.3Â Â Â You will be responsible for paying postage costs associated with returns under this policy.
4.    Exclusions
4.1Â Â Â The following types of product may not be returned under this policy:
(a) Â Â downloads (whether on CD-ROM, DVD-ROM or otherwise);
(b) Â Â MLT Club membership and other virtual subscription services;
(c) Â Â newspapers, periodicals, magazines or similar products;
(d) Â Â toiletries and cosmetics;
(e) Â Â any product made to your specification;
(f) Â Â any product made to order;
(g)   any product personalised or adapted for you – eg. autographed items]; or
(h) Â Â gift vouchers.
5.    Refunds
5.1Â Â Â We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.
5.2Â Â Â We will not refund to you the original delivery charges relating to the returned product.
5.3Â Â Â We will not refund to you any costs you incur in returning the product to us.
5.4Â Â Â We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.5 Â Â We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.
6.    Improper returns
6.1 Â Â If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) Â Â we will not refund the purchase price or exchange the product;
(b) Â Â we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) Â Â if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
7.    Our details
7.1Â Â Â This website is owned and operated by Woolgoose Records Limited/MonaLisa Twins.
7.2 Â Â We are registered in England and Wales, with Company Number 13249086 at this address:
The Yew Tree Inn
High Street
Gresford
Wrexham
United Kingdom
LL12 8RF
7.3 Â Â You can contact us:
(a)Â Â by post, using the address:
Building 7
Wilson Business Park
Monsall Road
Manchester M40 8WN
United Kingdom
(b) Â Â using our website contact forms;
(c) Â Â by email, using any email address published on our website from time to time.
Audio Downloads Terms & Conditions
1.    Introduction
1.1Â Â Â These terms and conditions shall govern the sale and supply of downloadable audio files through our website, and the use of those audio files.
1.2Â Â Â You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3Â Â Â This document does not affect any statutory rights you may have as a consumer.
2.    Interpretation
2.1Â Â Â In these terms and conditions:
(a) Â Â “we” means Woolgoose Records Limited/MonaLisa Twins (and “us and “our” should be construed accordingly);
(b) Â Â “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) Â Â “audio files” means those audio files that are available for purchase on our website; and
(d) Â Â “your audio files” means any such audio files that you have purchased through our website (including any enhanced or upgraded version of the audio files that we may make available to you from time to time).
3.    Order process
3.1Â Â Â The advertising of audio files on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2Â Â Â 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.
3.3Â Â Â To enter into a contract through our website to purchase downloadable audio files from us, the following steps must be taken: you must add the audio files you wish to purchase to your shopping cart, and then proceed to the checkout; you must consent to the terms of this document (checkbox on checkout page); 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 where you will be able to download your audio files; we will also send you an order confirmation per email where you can also download the audio files (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4Â Â Â You will have the opportunity to identify and correct input errors prior to making your order via website form error messages.
4.    Prices
4.1Â Â Â Our prices are quoted on our website.
4.2Â Â Â 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.
4.3Â Â Â All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.    Payments
5.1Â Â Â You must, during the checkout process, pay the prices of the audio files you order.
5.2Â Â Â Payments may be made by any of the permitted methods specified on our website from time to time.
6.    Licensing of audio files
6.1Â Â Â We will supply your audio files to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2Â Â Â Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable licence to make any use of your audio files permitted by Section 6.3, providing that you must not in any circumstances make any use of your audio files that is prohibited by Section 6.4.
6.3Â Â Â The “permitted uses” of your audio files are:
(a) Â Â downloading a copy of each of your mu audio sic files;
(b) Â Â copying, storing and listening to copies of your audio files on desktop, laptop or notebook computers;
(c) Â Â making, storing and listening to copies of your audio files on portable digital audio players, mobile telephones, tablet computers or similar mobile devices; and
(d) Â Â making, storing and listening to copies of your audio files on CD-RWs or similar storage media.
6.4Â Â Â The “prohibited uses” of your audio files are:
(a) Â Â the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, public performance, distribution or redistribution of any audio file (or part thereof) in any format;
(b) Â Â the editing, modification, adaptation or alteration of any audio file (or part thereof), and the creation of any derivative work incorporating any audio file (or part thereof);
(c) Â Â the use of any audio file (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) Â Â the use of any audio file (or part thereof) to compete with us, whether directly or indirectly;
(e) Â Â any commercial use of any m audio usic file (or part thereof); and
(f) Â Â the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any audio audio file for the purpose of preventing unauthorised use,
providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
6.5Â Â Â You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your audio files.
6.6Â Â Â All intellectual property rights and other rights in the audio files not expressly granted by these terms and conditions are hereby reserved.
6.7Â Â Â You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any mu audio sic file.
6.8Â Â Â The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9Â Â Â If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10Â You may terminate the licence set out in this Section 6 by deleting all copies of the relevant audio files in your possession or control.
6.11Â Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant audio files in your possession or control, and permanently destroy any other copies of the relevant audio files in your possession or control.
7.    Distance contracts: cancellation right
7.1Â Â Â This Section 7 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.
7.2Â Â Â 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, at any time within the period:
(a) Â Â beginning upon the submission of your offer; and
(b) Â Â ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.
7.3Â Â Â You agree that we may begin the provision of audio files before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of audio files before the end of that period, you will lose the right to cancel referred to in Section 7.2.
7.4   In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, 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 shop@monalisa-twins.com. 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.
7.5Â Â Â If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order.
7.6Â Â Â 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.
7.7Â Â Â We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
8.    Warranties and representations
8.1Â Â Â You warrant and represent to us that:
(a) Â Â you are legally capable of entering into binding contracts;
(b) Â Â you have full authority, power and capacity to agree to these terms and conditions; and
(c) Â Â all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2Â Â Â We warrant to you that:
(a) Â Â your audio files will be of satisfactory quality;
(b) Â Â your audio files will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
(c) Â Â your audio files will match any description of it given by us to you; and
(d) Â Â we have the right to supply your audio files to you.
8.3Â Â Â All of our warranties and representations relating to audio files are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9.    Limitations and exclusions of liability
9.1Â Â Â Nothing in these terms and conditions will:
(a) Â Â limit or exclude any liability for death or personal injury resulting from negligence;
(b) Â Â limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Â Â limit any liabilities in any way that is not permitted under applicable law; or
(d) Â Â 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.
9.2Â Â Â The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) Â Â are subject to Section 9.1; and
(b) Â Â 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.
9.3Â Â Â We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4Â Â Â 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.
9.5Â Â Â We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.6Â Â Â We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.7Â Â Â 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.
10.  Variation
10.1Â We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2Â 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.
11.  Assignment
11.1Â 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.
11.2Â 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.
12.  No waivers
12.1Â 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.
12.2Â 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.
13.  Severability
13.1Â 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.
13.2Â 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.
14.  Third party rights
14.1Â 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.
14.2Â The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
15.  Entire agreement
15.1Â Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
16.  Law and jurisdiction
16.1Â These terms and conditions shall be governed by and construed in accordance with English law.
16.2Â Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
17.  Statutory and regulatory disclosures
17.1Â 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.
17.2Â These terms and conditions are available in the English language only.
18.  Our details
18.1Â This website is owned and operated by Woolgoose Records Limited/MonaLisa Twins.
18.2 Â We are registered in England and Wales, with Company Number 13249086 at this address:
The Yew Tree Inn High Street, Gresford, Wrexham, United Kingdom, LL12 8RF
18.3 You can contact us:
a)Â Â by post, using the address:
Building 7
Wilson Business Park
Monsall Road
Manchester M40 8WN
United Kingdom
(b)Â Â using our website contact forms;
(c)Â Â by email, using any email address published on our website from time to time.
