ECOMMERCE
In order to provide our ecommerce services to you, we need to transfer relevant details to trusted third parties such as PayPal and Klarna in order to fulfill digital and physical orders. If we stop using their services, data held at these platforms will either be deleted or anonymised.
CONTRACT CONCLUSION
In case of an online order, a contract is generally concluded when
a) the customer transfers all necessary personal information (name, address, email etc.), billing address and desired order to us electronically during the order process and
b) the customer agrees to these General Terms and Conditions and
c) Embassy of Sound and Media GmbH sends the goods ordered to the customer.
Before the customer submits his binding online order he has the opportunity to check the data to be sent to us for accuracy and completeness and to correct any input errors. The contract text is stored after the contract is completed and can be made accessible to the customer upon his request.
Once we have received the online order we send the order confirmation and cancellation policy to the customer at the email address he has supplied.
2. The customer’s contract partner is: Embassy of Sound and Media GmbH represented by the Managing Director Mr Konrad von Löhneysen, Pfuelstr. 5, 10997, Berlin, Germany.
3. The goods will be sent to the address supplied by the customer. No purchase contract is concluded for goods which are ordered but not included in the delivery.
4. Goods are only delivered in the usual amounts for sale to end customers.
CANCELLATION
The legal regulations regarding cancellation shall apply. Please note that, as per § 312 d para. 4 nr. 2 BGB (German Civil Code), cancellation is excluded by law for audio or video recordings if the seal has been broken on the delivered data carriers. In addition, as per § 312 d para. 4 nr. 1 BGB (German Civil Code), there is no right of cancellation for deliveries of goods which are unsuitable for return due to their condition.
DELIVERY, POSTAGE COSTS
1. Unless otherwise agreed, delivery will be made, subject to change, from the Embassy of Sound and Media GmbH office to the delivery address provided by the customer. Additional costs which arise because the customer or another person willing to accept the delivery is not present at the delivery address supplied at the time of delivery will be incurred by the customer.
2. Embassy of Sound and Media GmbH bears the risk of loss in the course of transit, which means that is free first of any liability once the goods to be delivered are handed over to the person making the delivery.
3. During the order process, when you confirm your order and in the delivery confirmation we state the binding postage costs that will be due for the delivery option you have selected. Embassy of Sound and Media GmbH points out that any information on delivery times on our website is non-binding.
4. Should Embassy of Sound and Media GmbH ascertain when processing your order that certain goods you have ordered are no longer available, we will inform you of this by email.
5. The customer will incur the costs of postage. These are calculated based on weight, delivery destination and shipping company.
Shipping within Germany: 4,99 EUR
Shipping within Europe: 12,99 EUR
6. The customer shall also incur any other costs that arise through the delivery of the goods, in particular taxes and duties on orders from outside of the EU.
PAYMENT, PAYMENT DATE AND DEFAULT, PRICES
1. The customer can pay the purchase price by Paypal or advance payment by bank transfer or via credit card.
a) The following applies to payment by Paypal: Paypal is a method of payment used worldwide. You can find information on the Paypal system on the website: www.paypal.com.
b) The following applies to advance payment: by choosing advance payment you can pay for the goods you have ordered by bank transfer.
We notify the customer of our bank details (account holder, bank name, BIC, IBAN and SWIFT code if necessary) in our order confirmation.
As soon as the full amount has been credited to our bank account, Guerilla Music will send the goods you have ordered to you within approximately three working days.
2. Any additional transfer costs that may arise (e.g. with foreign transfers) will be incurred by the customer.
3. Should the customer be in default of payment, Embassy of Sound and Media GmbH has the right to claim default interest at 5.00% above the European Central Bank base rate per year. If Embassy of Sound and Media GmbH can demonstrate greater damages (e.g. due to return debit notes), Embassy of Sound and Media GmbH can claim back these greater damages instead of the default interest. The customer retains the right to demonstrate that the damages incurred are smaller or that no damages have been incurred.
4. The invoice amount is due for payment when the invoice included with the delivered goods is received.
5. Our prices are given in EURO and include statutory value added tax at the current rate of 19%. Delivery and postage costs are to be added to the prices listed. Our current prices at the time the relevant contract is concluded shall apply.
WARRANTY
In case of defective goods the legal regulations shall apply, unless otherwise agreed. If Embassy of Sound and Media GmbH fulfils its duty of subsequent fulfilment by delivering a replacement, the customer is obliged to return the defective product originally delivered by us at our cost, but at the risk of the customer, within one month of receipt of the replacement. In order to avoid the item to be returned being lost, the customer is encouraged to have the item returned by a shipping company that uses a so-called tracking or tracing system, allowing the whereabouts of the package to be traced.
CONSEQUENCES OF CANCELLATION
In the event of an effective cancellation, any payments received by either party must be returned and where applicable any benefits received (e.g. from interest) are to be surrendered. If you are unable or only partly able to return the product/service received or are only able to return it in a deteriorated condition, you may where necessary be under obligation to pay us compensation. This shall not apply if the deterioration of the goods is exclusively attributable to their examination – as would have been possible for you in a shop. You must not provide compensation for the loss of value of the merchandise (depreciation) arising from regular use of the merchandise.
Goods capable of being sent by parcel post should be returned to us at our risk. You shall incur the cost of returning the goods if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40 or where – in the case of more expensive goods – no consideration or a contractually agreed partial payment has been rendered at the time of cancellation. Otherwise the return consignment is free of charge. Goods that are not suitable for consignment by parcel post shall be collected.
Obligations to refund payments must be met within 14 days. The deadline shall commence for you on the date you sent the notice of withdrawal or the item. For us it shall commence upon its receipt.
End of cancellation policy.
Online Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO: Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter http://ec.europa.eu/consumers/odr/ finden.
SECURITY
Embassy of Sound and Media GmbH has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We employ SSL encryption to secure your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.