1 Appropriateness of these conditions and realization agreement.
1.1 The general conditions are applicable to all offers, orders and agreements of Mental Recordings, unless agreed on otherwise in writing.
1.2 The customer agrees on the appropriateness of these conditions by accepting an offer, ordering a delivery or making an agreement. These general conditions are more important then other used general or purchase conditions, unless last mentioned conditions are supplementary to the general conditions and if they are not contrary to the general conditions.
Each offer made by Mental Recordings, no matter in which way is free of obligations, unless mentioned otherwise. Mental Recordings has the right to change the prices, especially when this is based on (legal) necessary prescriptions.
1.3 An agreement is made after accepting the order. Acceptance of the order takes place by sending an order confirmation by email. Parties both agree on the fact that a legally binding agreement is made by electronic communication.
1.4 Mental recordings has the right to refuse orders or to add certain conditions to the delivery. Non-acceptance will be announced by email to the customer as soon as possible, but at least within five working days after the order was made.
2 Prices and payment
2.1 Unless stated differently, prices of Mental Recordings are in euro's, including Dutch turnover- and other taxes, excluding shipping and handling costs. Additional costs will be mentioned clearly at the order and on the order acceptance.
2.2 When the customer is anywhere else than in The Netherlands, the customer is responsible for turnover taxes, import duty and other levy that might be used in the country where the customer is staying at that time.
2.3 Payment can be done by using several payment methods. When extra costs will be made by a certain payment method, this will be mentioned on the website.
2.4 Payment needs to be done in advance.
3.1 We ship all orders(domestic+international) every two weeks as bulk mail. Orders will be processed as soon as possible after having received the payment.
3.2 Delivery takes place at the address as given by the customer.
3.3 Delivery in the following countries is at risk of the customer: South-America, Asia, Arabic countries
3.4 When, no matter what cause, a delivery cannot be sent within 30 days after having received the payment, the customer will be announced by email, through which, if possible, alternative products will be given. Then, the customer has the right to cancel the order, through which the payment will be returned within 14 working days, or has the possibility of buying one or more alternative products.
4 Exchange and mistakes at delivery
4.1 Sound bearers will be sent by using vinyl mailers in which the sound bearers will be shipped. The customer is obliged to check if the delivered products match the ordered products, right after the products have been delivered.
4.2 When the delivered products do not match the ordered products, it is necessary that this will be announced by email or in writing to Mental Recordings as soon as possible, or at least within 14 days after the delivery.
4.3 When the products show not visible defectives (e.g. production flaws), the customer is obliged to announce this by email or in writing to Mental Recordings within 24 hours after these defectives could have been discovered.
4.4 Mental Recordings has the right to replace products or to return payment in case of wrongfully delivered goods or not visible defectives.
4.5 When the customer, no matter what reason, wishes not to receive the product, the customer has the right to return the product within 14 working days. The payment will be returned after having received the product in the original package unopened, without having damaged the package (cellophane or plastic material). Possible shipping costs made by returning the product will be the responsibility of the customer.
4.6 Returning new LP’s and/or other image or sound bearers of which the condition is mint, is not permitted, unless there are no visible defectives.
5 Intellectual and industrial rights of ownership and liability.
5.1 Every intellectual and industrial rights of ownership of the articles on the website are of Mental Recordings and/or its suppliers.
5.2 Mental Recordings does not guarantee that delivered articles do not violate any (undescribed) intellectual and industrial rights of ownership of third parties.
5.3 Mental Recordings accepts responsibility for defectiveness caused deliberately or by glaring guilt based on legal rules.
5.4 Mental Recordings is in no case responsible for indirect defectiveness, like profit or turnover loss.
6.1 Mental Recordings only registers data that are necessary in order to handle orders correctly and/or, to make the customer aware of new products and developments. Personal information will be handled confidential and with care and will in no case be give to thirds.
6.2 The processing of customer information will take place in agreement with the Dutch giving of rules.
7.1 Supremacy is: every deficit that is not of responsibility of Mental Recordings, because it is not caused by guilt in agreement with the Dutch law and with the Dutch giving of rules.
7.2 In case of supremacy, Mental Recordings has the right to dissolve or defer the agreement without legal interference. Deferring of the agreement will only take place when Mental Recordings is of opinion that the agreement can be fulfilled within a foreseeable time.
7.3 In case of defer or dissolvent, the customer will be announced by email as soon as possible.
8.1 the Dutch text of this document is more important then any translated document.
8.2 When one or more of these conditions or any other agreement with Mental Recordings is inconsistent with any applicable legal condition, the condition will be replaced by a new, legally permitted condition.
8.3 Every correspondence based on these conditions will take place by: Mental Recordings, Millinxstraat 64A, 3081 PP, ROTTERDAM, THE NETHERLANDS.
9 Choice of law
9.1 Only Dutch law is applicable to all rights, obligations, offers, orders and agreements, as well as to these conditions.
9.2 Disagreements will be judged by the District Court in Rotterdam, as far as it belongs to the competence of a Court and the law does not prescribe another Court, unless both parties agree on settlement.