GENERAL TERMS & CONDITIONS (AGB)
General Terms and Conditions for Orders from Geoffrey Wright / Samurai Music Group.
§ 1 Validity
Business relations between Samurai Music Group / Geoffrey Wright (hereafter called Samurai) and the customer are exclusively subject to the following General Terms and Conditions. This shall also apply if the customer uses terms and conditions which contradict or differ from our terms and conditions. Such contradictory or differing conditions of the customer will only apply with our express written permission.
§ 2 Contract conclusion
1. Orders from Samurai can be made by email or online. The order received by Samurai is an offer to us to complete a purchase contract. When you order goods from us we send you an order confirmation by email which confirms to you that we have received your order. The order confirmation does not constitute acceptance of your offer. Only when we send you the goods you have ordered and confirm that the order has been sent with a second email has a purchase contract for the sent and confirmed goods been concluded.
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) Samurai 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: Samurai Music Group, represented by the Managing Director Mr Geoffrey Wright, Prenzlauer Alee 230, 10405 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.
§ 3 Cancellation
The legal regulations regarding cancellation shall apply. You can view the cancellation policy here. 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.
§ 4 Delivery, postage costs
1. Unless otherwise agreed, delivery will be made, subject to change, from the Samurai warehouse 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. You can choose to have Samurai send the goods you have ordered to the delivery address you have supplied as an uninsured shipment or as an insured shipment with UK Royal Mail or UPS. By choosing an insured shipment you agree to share the costs of compensation in case the shipment is lost or damaged. Independently from the chosen delivery method Samurai Music Group bears no risk of loss in the course of transit, which means that Samurai is free 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. Samurai points out that any information on delivery times on our website is non-binding.
4. Should Samurai 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.
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.
§ 5 Payment, payment date and default, prices
1. The customer can pay the purchase price by credit car or Paypal only.
a) The following applies to credit card payment: Samurai only accepts VISA, Mastercard, Diners Club, JCB & Amex credit cards. When ordering online, the customer provides Samurai with his credit card information in the order form provided. The data is only stored by Samurai to process the order and it is deleted immediately afterwards.
b) 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.
2. 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.
§ 6 Offsetting/reservation of title
1. The customer shall only have the right to offset payments if his counterclaims have been legally ascertained or are undisputed by Samurai.
2. Until payment is completed, the goods remain the property of Samurai.
§ 7 Warranty
In case of defective goods the legal regulations shall apply, unless otherwise agreed. If Samurai fulfills its duty of subsequent fulfillment 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.
§ 8 Liability
1. Samurai shall only be liable for its own culpability and only for intent and gross negligence, regardless of the legal grounds. For light negligence, Samurai shall only be liable for compensation for damages and reimbursement in the event of a breach of essential duties, and this will be limited to the immediate foreseeable damages. Samurai shall not be liable for indirect damages, consequential damages or lost profit in such cases. In case of injury to life, body or health the statutory liability provisions shall apply.
2. Samurai points out that, despite every effort made in our product range management, we cannot rule out that content may be found in audio or video recordings or printed materials that violates legal norms or morals or could be harmful to young people. Samurai expressly makes no guarantee that content of the type described above will not be found in the audio or video recordings or printed materials it delivers. The assertion of damage claims based on this is excluded.
3. Samurai also points out that, despite every effort made in our product range management, we cannot rule out that content may be found in audio or video recordings or printed materials that was produced in breach of copyright or performance rights. Samurai expressly makes no guarantee that the audio or video recordings or printed materials it delivers will be free of breaches of copyright or performance rights. The assertion of damage claims based on this is excluded.
4. The aforementioned exclusions and limitations of liability in paragraphs 1 to 3 also apply to the employees, representatives and vicarious agents of Samurai.
5. The aforementioned exclusions and limitations of liability in paragraphs 1 to 4 shall not apply if damages have been caused by intentional or gross negligent behaviour or if personal injury has occurred or infringements or breaches of morals have been caused by intentional or gross negligent behaviour. They shall also not apply if the customer asserts claims from §§ 1 and 4 of the Product Liability Law. Finally, the aforementioned exclusions and limitations of liability shall not apply if essential contractual obligations have been breached due to minor negligence. In this case, liability is limited to damages and reimbursement for the immediate foreseeable damages.
6. Claims asserted due to defects shall be subject to the statute of limitations after two years, calculated from the time the customer received the delivery.
§ 9 Data protection
Personal data from the customer collected and recorded by Samurai shall be used exclusively for processing and completing orders. This includes settling payments for purchase and delivery and pursuing any further resulting claims from Samurai. Additional information can be found in the data protection statement below.
§ 10 Final provisions
1. The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not be applied.
2. Should individual provisions of these conditions or parts of these become null and void, the validity of the remaining provisions shall remain unaffected.An invalid provision of these conditions shall be replaced by a new provision whose economic purpose most closely matches that of the invalid provision.
Refund / Cancellation policy
You may cancel your declaration to conclude a sales contract within a period of one month in writing (e.g. by letter, e-mail, facsimile) or - if the item is placed at your disposal prior to the expiry of this period - by returning the goods. The period shall commence upon receiving this notification in writing, however, not prior to the delivery of the goods to the consignee (in the case of recurring delivery of similar goods, not prior to the delivery of the first part delivery), nor before thefulfilmentof our duties to furnish information pursuant to Article 246 § 2 in conjunction with § 1 Para. 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) as well as our duties pursuant to § 312e Para. 1 Cl. 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. The deadline is deemed to have been observed if the notice of cancellation or the item was sent in a timely fashion. The notice of cancellation must be sent to:
Prenzlauer Allee 230
Phone: +49 305 0574537
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 30 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.
§ DATA PROTECTION
SAMURAI MUSIC GROUP is obliged to protect the privacy of the customer and to treat all personal data confidential and on the basis of the relevant statutory legal provisions.
DATA PROCESSING ON THIS INTERNET PAGE
SAMURAI MUSIC GROUP automatically collects and stores in its Server Log Files information which is transferred to us from your browser, consisting in particular of:
Browser type and browser version
Time of the server request
Referrer URL (previously visited site)
Operating system in use
Hostname of the accessing computer (IP address)
SAMURAI MUSIC GROUP cannot attribute such data to any particular person. No combination of the data with other data sources will be undertaken. Furthermore, the data will be deleted after statistical analysis.
Our Internet pages use so-called "Cookies" in various areas. These cookies serve to make our offer more user friendly, effective and secure. Cookies are small text data files which are placed on your computer and stored in your browser. Most of the Cookies used by us are so-called "Session Cookies" which will be automatically deleted after the end of your visit to our web site. Cookies do not damage your computer and do not contain viruses.
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org or mailing us at:
Geoffrey Wright, Samurai Music Group Prenzlauer Allee 230 Berlin DE 10405
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
If you would like to receive the newsletter offered on our website we need your current e-mail-address as well as additional information which enable us either to verify that you are indeed the owner of this e-mail address or to clarify that the owner of said e-mail address has agreed to receive the newsletter. No further data will be collected. You may revoke your agreement to store above data, the e-mail address and its usage to send you the newsletter at any time.
RIGHT OF ACCESS TO PERSONAL DATA
At any time you have the right to be informed about the data stored with regard to your person, the source and the recipients as well as the reason for their storage. Information about such stored data will be provided by SAMURAI MUSIC GROUP's Data Protection Official. (email@example.com)
Your confidence is important to us. Therefore, with regard to the processing of your personal data we will remain honest and available to you at all times. If you have any questions which cannot be answered by this data protection declaration or if you require more detailed information on any particular subject, please contact SAMURAI MUSIC GROUP's Data Protection Official. (firstname.lastname@example.org)
Samurai Music Group uses UK Royal Mail and UPS. Our rates are explained in detail on the checkout area of the store.
Orders are filled and shipped within 5 days (with the exception of pre orders where the shipping date is clearly displayed).
Samurai Music Group
Prenzlauer Allee 230
Shop inquiries: email@example.com
General Label inquiries: firstname.lastname@example.org
Demo's: We are not currently accepting any new demo's.
Phone: +49 305 0574537