TERMS AND CONDITIONS OF SALE

Release Note

The products shown in this website are the work of my wits. I hereby state that I don't exercise the activity of retail trade of such articles in professional form, but to practice it on a sporadic basis (occasional commerce) therefore being not subject to trade disciplines contained in Legislative Decree N. 114/98. I hereby declare then, as per the application of art. 4 paragraph 2 letter h of Legislative Decree N. 114/98, to sell, on a occasional and irregular basis, products that are the work of my creativity and my wits, and not to be obliged, therefore, to enroll in any Register of any Chamber of Commerce, in connection to the said Articles.

Acceptance

An order placed by a Customer of goods and services provided by WholebrainMusic.com constitutes an express acceptance of the Terms and Conditions of Sale shown in this page.

Orders

Customer shall submit all orders for products and specify the description and quantity of the products ordered, provide the correct address to which delivery, and provide all other information as requested by WholebrainMusic.com to correctly process and dispatch the order. WholebrainMusic.com has the absolute right to accept or reject any order, without giving explanation, in whole or in part, and shall be under no obligation to the Customer.

An order shall only be deemed accepted and binding on WholebrainMusic.com if WholebrainMusic.com expressly confirm its acceptance with an order confirmation. Once WholebrainMusic.com provides an order confirmation to Customer, the Order shall be non-cancelable by Customer.

Pricing

Unless otherwise stated, product prices published by WholebrainMusic.com are inclusive of VAT & Taxes. Product prices published by WholebrainMusic.com are subject to availability of products and could be modified anytime.

Prices and other information listed in any publication by WholebrainMusic.com (including websites, catalogues, and brochures) are subject to change without notice.

Payment

Unless otherwise stated, all payments shall be in Euro and shall be due and payable in full upon placement of the order.

Customer shall pay all charges for transport and other related expenses, unless otherwise agreed upon.

Delivery

All costs of delivering are charged to the customer. Deliveries are normally made by traditional post or by courier. WholebrainMusic.com have the right, in its sole discretion, to delivery products by traditional post service, courier, or by any other means. Unless otherwise stated, all deliveries are performed not beyond the curb line.

Delivery times indicated by WholebrainMusic.com are just approximate and non-binding, and can be confirmed or change any time.

Any delay in delivery within 30 (thirty) days shall not entitle the Customer to refuse delivery or to claim money back or ask for any other kind of compensation.

WholebrainMusic.com may make partial shipments as determined by its sole discretion.

Title to the goods and risk of loss or damage shall pass to Customer on WholebrainMusic.com's delivery of the goods to the carrier. All claims, loss, damage and delay in transit shall be handled by Customer directly with the carrier.

Claims for shortages or incorrect items must be made in writing to WholebrainMusic.com or via e-mail to buy@wholebrainmusic.com within 10 (ten) days after receipt of shipment. Failure to give such notice shall constitute an unqualified acceptance and waiver by customer of all claims for such shortages or incorrect items.

Limited Warranty

WholebrainMusic.com guarantee only the integrity of products at the time of delivery. Any defect must be notified by the Customer within 10 (ten) days after receipt of shipment.

Any goods being returned to WholebrainMusic.com for the purpose of fulfillment of warranty must be returned with all accessories and in proper packaging to WholebrainMusic.com with freight charges prepaid by Customer. Risk of loss shall not pass to WholebrainMusic.com until the returned goods are received by WholebrainMusic.com.

WholebrainMusic.com alone retain the right to determine whether or not the warranty claim shall be accepted. In the event that there is no defect found, or if the warranty has been voided by customer mis-use, or any other situation has occurred in which WholebrainMusic.com determines that the warranty for the goods does not apply, then WholebrainMusic.com retains the right to refuse the warranty claim.

After WholebrainMusic.com has evaluated the product, and if needed, completed any warranty service, the transport of goods back to the Customer will be carried out at WholebrainMusic.com's expenses.

Copyright & Intellectual Property Rights

Any music, art, drawing, picture, words, lyrics and documentation provided to Customer by the website WholebrainMusic.com or by Physical or Digital Goods, are furnished only for Customer's own personal use.

Unathorized copying, hiring, lending, public performance and broadcasting prohibited without written consent of WholebrainMusic.com.

Right of Withdrawal

Customer have 7 (seven) days to cancel purchase from the delivery date of the order for any reason, even without giving any explanation, under the European Communities Protection of Consumers in Respect of Contracts made by Means of Distance Communication Regulations 2001.

Under such circumstances WholebrainMusic.com ensure full refund, excluding shipping and other possible accessory charges, within 30 (thirty) days of exercising the right to cancel. Customer must however exercise his right within the 7 (seven) day period.

Customer shall contact in writing WholebrainMusic.com or writing via email to buy@wholebrainmusic.com to cancel any goods and/or services that may have purchased.

Dispute Resolution

Any dispute, claim or controversy arising out of or in connection with the present Terms and Condition of Sale shall be negotiated in good faith between the parties. If, after negotiating in good faith, either party is of the opinion that such negotiations will remain unsuccessful, the parties shall refer the matter to mediation in accordance with such rules as the parties may agree. If the matter is not resolved by mediation, either party may then bring the action before the competent Court. The court of Casale Monferrato (or the nearest one) shall have exclusive jurisdiction over any disputes relating to the Terms and Conditions mentioned above, and shall be argued and resolved in Italian.

Registered Address

WholebrainMusic.com's registered address is
Carmelo A. Spadaro
Cascine Stodine
15030 Rosignano Monferrato (AL) - Italy