Terms & Conditions
General conditions of online sales
General Dispositions
These conditions are valid exclusively between the company MOTHER TONGUE S.R.L., with registered office in Lungadige Galtarossa 28/A, 37133 Verona (VR), hereinafter referred to as “MOTHER TONGUE S.R.L.” and any person making online purchases on the website www.mothertonguerecords.com hereinafter referred to as “CUSTOMER”. These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the website www.mothertonguerecords.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on electronic commerce.
ARTICLE 1 – Object of the contract
With these general conditions of sale, MOTHER TONGUE S.R.L. sells and the CUSTOMER buys at a distance the tangible movable goods indicated and offered for sale on the website www.mothertonguerecords.com. The contract is concluded exclusively through the Internet, through access of the CUSTOMER at www.mothertonguerecords.com and the realization of a purchase order according to the procedure provided by the site itself.
The customer agrees to read, before confirming your order, these general conditions of sale, in particular the pre-contractual information provided by MOTHER TONGUE S.R.L. and accept them by placing a flag in the box indicated.
When registering on the website www.mothertonguerecords.com, the CUSTOMER will also receive the link to view a copy of these general conditions of sale, as provided for in Article 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005.
The CUSTOMER before the conclusion of the purchase contract, takes vision of the characteristics of the goods that are illustrated in the individual product sheets at the time of the choice by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of the order with “obligation to pay”, the CUSTOMER is informed about
– total price of the goods including taxes, with details of shipping and any other cost;
– method of payment;
– the deadline by which MOTHER TONGUE S.R.L. undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the withdrawal form in Annex I, Part B of Legislative Decree 21/2014;
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the goods purchased;
– conditions of after-sales service and commercial guarantees provided by MOTHER TONGUE S.R.L.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take knowledge of information relating to MOTHER TONGUE S.R.L., the geographical address, telephone and fax numbers, e-mail address, information that is reported, even below:
MOTHER TONGUE S.R.L.
legal seat Lungadige Galtarossa 28/A, 37133 Verona (VR)
tel. +393473097657
info@mothertonguerecords.com
ARTICLE 3 – Conclusion and effectiveness of the contract
The sale contract is considered concluded with the sending by MOTHER TONGUE S.R.L.
to the CUSTOMER of an email confirming the order. The e-mail contains the data of the CUSTOMER and the order number (VNP), the price of the goods purchased, shipping costs and home address.
The CUSTOMER agrees to verify the accuracy of personal data contained therein and promptly notify MOTHER TONGUE S.R.L. any corrections.
Once you receive the confirmation email you can no longer change the order, adding or subtracting products.
MOTHER TONGUE SRL undertakes to describe and present the items sold on the site in the best possible way. However, there may be some errors, inaccuracies or small differences between the site and the real product. Moreover, the photographs of the products presented on www.mothertonguerecords.com do not constitute a contractual element, as they are only representative.
MOTHER TONGUE S.R.L. commits itself to deliver the goods within 30 days starting from the day MOTHER TONGUE S.R.L. sends the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 – Availability of products
The availability of products refers to the actual availability at the time the customer places the order. This availability must, however, be considered purely indicative because, as a result of the simultaneous presence on the site of several users, the products could be sold to other CUSTOMERS before the confirmation of the order.
Even after sending the order confirmation email sent by MOTHER TONGUE S.R.L., there may be cases of partial or total unavailability of goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the CUSTOMER will be immediately informed by e-mail or telephone.
If the CUSTOMER requests the cancellation of the order, terminating the contract, MOTHER TONGUE S.R.L. will refund the amount paid within 14 days from the day on which MOTHER TONGUE S.R.L. had knowledge of the customer’s decision to terminate the contract.
ARTICLE 5 – Methods of payment
Any payment by the CUSTOMER may be made only by credit cards listed on the site www.mothertonguerecords.com or by Paypal payment method.
In case of payment by credit card, the actual charge will take place when MOTHER TONGUE S.R.L. sends the order confirmation e-mail.
In case of payment by Paypal, the actual charge will occur at the time of sending by MOTHER TONGUE S.R.L. e-mail order confirmation.
Communications relating to payment and data communicated by the customer at the time this is done occur on special protected lines. The purchases with credit card are managed through the payment system STRIPE. The authenticity of electronic offers is guaranteed by the use of message authentication codes (MAC), created using a secret key.
Navigation is protected by the https protocol which, using the SSL algorithm – Secure Sockets Layers – allows for an adequate level of encryption, server authentication, and guarantee of message integrity.
ARTICLE 6 – Prices
All sales prices of the products shown on the site www.mothertonguerecords.com are in Euros and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making the payment.
The CUSTOMER accepts the right of MOTHER TONGUE S.R.L. to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the moment of the creation of the order and indicated in the confirmation e-mail sent by MOTHER TONGUE S.R.L. to the CUSTOMER.
In case of computer error, manual, technical, or any other nature that may result in a substantial change, not anticipated by MOTHER TONGUE S.R.L., the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products. The 14-day cooling-off period does not apply to all purchases. Among the exceptions: concert tickets, sealed audio or video products that you have opened at the time of delivery, digital content online, if you have already started downloading or streaming and have agreed to waive your right of withdrawal with the start of that operation.
The CUSTOMER who intends to exercise the right of withdrawal will have to communicate it to SMOTHER TONGUE S.R.L. through an explicit declaration, which can be sent by registered letter with return receipt.
The CUSTOMER can exercise the right of withdrawal also by sending any explicit statement containing the decision to withdraw from the contract or alternatively send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is reported below:
Model withdrawal form pursuant to art. 49, paragraph 1, letter h
(complete and return this form only if you wish to withdraw from the contract)
In case of exercising the right of withdrawal, the customer must return the goods within 14 days from the day on which he communicated to MOTHER TONGUE S.R.L. his desire to terminate the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to MOTHER TONGUE S.R.L., Lungadige Galtarossa 28/A, 37133 Verona (VR) ITALY.
The direct costs of returning the products are borne by the customer.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment). Without prejudice to the right to verify compliance with the above, MOTHER TONGUE SRL will refund the amount of the products subject to withdrawal within a maximum of 14 days, including any shipping costs.
As provided by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, MOTHER TONGUE S.R.L. may suspend the refund until receipt of the goods or until the demonstration by the customer to have returned the goods to MOTHER TONGUE S.R.L.
MOTHER TONGUE S.R.L. will perform the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In case of payment made by bank transfer, and if the CUSTOMER intends to exercise its right of withdrawal, must provide MOTHER TONGUE S.R.L. the bank details: IBAN, SWIFT and BIC necessary to carry out the reimbursement by MOTHER TONGUE S.R.L.
ARTICLE 8 – Legal guarantee of conformity
In case of receipt of products that do not conform to orders or defective, the CUSTOMER has the right to restore, without charge, the conformity of the product by repair or replacement. The CUSTOMER may exercise this right if the defect becomes apparent within seven days of delivery of the product.
ARTICLE 9 – Methods of delivery
The products will be delivered by mail, priority mail or courier to the address indicated by the CUSTOMER at the time of registration of the order within and no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by MOTHER TONGUE S.R.L., except pre-order on products not yet available, whose date of shipment will be indicated in the e-mail order confirmation.
ARTICLE 10 – Customs
Should the ordered goods be delivered outside the Italian territory, the CUSTOMER could be subject to different duties, taxes and fees, payable once the package reaches the specified destination. Any additional cost of customs clearance will be borne by the CUSTOMER. MOTHER TONGUE S.R.L. has no control over these costs and cannot predict the amount. Customs policies vary considerably from country to country: please contact your local customs office for further details. When placing orders on the site, the CUSTOMER is considered as an importer and is therefore required to comply with all legislation and regulations of the country where the goods will be received. We remind you that goods shipped abroad from Italy may be subject to opening and inspection by customs authorities.
ARTICLE 11 – Responsibility
MOTHER TONGUE S.R.L. assumes no responsibility for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and failures of the Internet, in the event that it fails to execute the order within the time specified in the contract. To the extent permitted by law, MOTHER TONGUE S.R.L. disclaims any liability in the event that the product delivered does not comply with the legislation of the country of delivery other than Italy. MOTHER TONGUE S.R.L. is also responsible in case of insubstantial differences between the goods purchased and their illustrative images and text descriptions published on our site.
ARTICLE 12 – Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of MOTHER TONGUE S.R.L. and are protected by intellectual property law.
ARTICLE 13 – Cookies
As indicated in the cookie policy, the website www.mothertonguerecords.com uses “cookies”. Cookies are electronic files that record information about the navigation of the customer in the site (pages viewed, date and time of consultation, etc. ..) and allow MOTHER TONGUE S.R.L. to offer a personalized service to its customers.
MOTHER TONGUE S.R.L. informs the customer of the ability to disable the creation of such files, by accessing its Internet configuration menu. It is understood that this will prevent the customer to proceed to ‘online purchase.
ARTICLE 14 – Integrity
These General Conditions of Sale are made up of the entirety of the clauses that make them up. If one or more of the provisions of these General Conditions of Sale is deemed invalid or declared so by law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 – Applicable Law and Jurisdiction
These General Conditions of Sale are subject to Italian law.
Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent court of Verona.
In any case, it is possible to optionally use the mediation procedures set forth in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
ARTICLE 16 – Changes to the general conditions of sale
We reserve the right to modify the site. Policies and these general conditions of sale, at any time, to offer new products or services, or to comply with legal or regulatory requirements. CUSTOMER shall be subject to the policies and terms of the general conditions of sale in effect from time to time, at the time it orders products from www.mothertonguerecords.com, unless any changes to such policies and terms are required by applicable law or competent authorities.
