http://www.tokyodawn.net (“the Website”) is owned by Tokyo Dawn Records UG (haftungsbeschränkt) and represented by Marc Wallowy and Fabien Schivre.
Tokyo Dawn Records
General Terms and Conditions
3. If you wish to order through the Website, you must enter personal data using our online registration process. In doing so you must agree to provide true, accurate, current and complete information about yourself as prompted by the Website`s registration process.
4. We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
5. We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
6. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
7. You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
8. You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
9. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
10. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying Tokyo Dawn Records, our licensors or our / their products in a false, misleading, derogatory or otherwise offensive manner.
11. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
12. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial home use and you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited requires the prior written permission of Tokyo Dawn Records. All music and video material featured on this site are for evaluation purposes only, aimed to help promote the artists by encouraging others to buy and support their music. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
13. We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
15. We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.
16. We will not be liable in contract, tort or otherwise if you incure loss or damage by connecting to the Website through a third party’s hypertext link.
17. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under German law where or insofar as such rights cannot be derogated from by contract.
18. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
20. These Conditions will be exclusively governed by and construed in accordance with the laws of Germany whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Physical Products purchased from The Website (“Products”)
21. Ordering: When placing an order for any Products from the Website, you will state, specifically, which Products you desire to purchase and shall also at the same time confirm to us, at your own risk, your name, home address, delivery requirements and selected payment method together with such other details that may be requested at that time from you by us. You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, if there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
22. Pricing: The prices stated in the Internet at the time of the order shall apply. The prices stated shall be final prices, i.e. they contain the statutory Value Added Tax applicable at the time, excluding transport costs. For orders outside the European Union, statutory Value Added Tax shall not be applicable. In such a case, the commodities shall be delivered as “EXW“ according to INCOTERMS 2000. Proper registration of the commodities in the receiving country shall be a matter for Customer.
23. Contract partner: Your contract for purchases of physical items through the Website is with Tokyo Dawn Records UG (haftungsbeschränkt) whose registered office address is Josephsplatz 6, 80798 Munich, Germany and you undertake that any and all products ordered by you are for your own private and domestic use only. You further agree that email can be used as a long-distance means of communication.
24. Sale Confirmation: No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an email to you confirming that we have accepted your order (Order Receipt). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the email to you (whether or not you receive that email). This confirmation email amounts to an acceptance by us of your offer to buy products from us or a 3rd party supplier that is engaged on your behalf by us. A mail confirming receipt, which is automatically generated and dispatched by the system immediately after receipt of Customer’s order, shall not represent a binding acceptance of the offer by us.
25. Payment: The commodities shall be paid for in advance. Payment by sending cash or cheques shall not be possible, liability in the event of loss shall be ruled out. Payment shall only have taken place when the corresponding amount is credited to us. In arrears in payment, we shall, subject to a claim to further damage, charge default interest of 5 percentage points above the basis rate of interest (§ 288 sub-section 1 German Civil Code) unless we have suffered greater damage from interest. The right to claim further damages shall be reserved. To the extent legally admissible, setoff rights shall only accrue to Customer if its counterclaims are legally effective, undisputed or have been acknowledged by us. Customer shall only be authorised to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship. ln the event of arrears in payment, our entire claims existing at the time in question shall become due for payment immediately.
26. Retention of Title: We reserve title to the object of purchase until complete payment of the purchase price. If retentions of title are not applicable in a foreign state, if the latter’s law becomes applicable, or if they need not only contractual agreement, but, for example, also registration, Customer shall be obliged at its own expense to become involved in all measures, in particular to make all the declarations necessary on its part in order to make the retention of title effective or to procure securities equivalent to a retention of title for us.
26. Cancellation: You may cancel your order at any time prior to your order being dispatched by emailing us at firstname.lastname@example.org ensuring that you quote your name, address and order reference number. Please note that we are unable to accept cancellation of any orders for digital downloads, nor offer any refund for such orders, once downloading has commenced.
27. Delivery/Delivery periods/Transport: To the extent not agreed to the contrary in the present terms or in writing with Customer, all deliveries shall be ex works. Delivery periods stated shall be non-committal and only approximate. Unforeseen obstacles in delivery, such as cases of force majeure, lack of raw materials, strike, operational disturbances in our company or that of downstream suppliers, shall entitle us to postpone delivery for the duration of the prevention. In the event of the aforementioned obstacles in delivery, we can also withdraw from the contract to the extent that it has not been performed. Customer cannot derive any claims to damages herefrom. Customer shall pay a lump-sum for dispatch costs calculated according to weight and destination and notified to Customer during the order processes and dispatched by e-mail as an order confirmation.
28. Our fourteen (14) day returns policy: Without prejudice to your statutory legal rights which remain unaffected, we operate the following returns and refunds policies:
A) Damaged or defective goods: in the unlikely event that you receive products which are damaged or defective, we shall, at our own option, either replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question (including the postage and packing you were charged) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation email within 14 working days of delivery of the products and that you return the products in the same condition that you received them;
B) Our mistake: If items are not delivered due to a mistake on our part you will be completely refunded, or sent the package again without extra charge; whichever you prefer. If you get your address wrong and do not notify us before the order is sent, we cannot refund the postage costs. If we accidentally send you items that you did not order, we will refund you for them and also for the cost of the outgoing postage and packing on those individual items, once you send them back to us;
C) Your mistake: If items are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the P&P charge again;
If Customer cannot restitute the performance received, either totally or partly or only in a deteriorated condition, it shall, if applicable, be obliged to compensation to us. In provision of objects, this shall not apply if the deterioration of the object is exclusively to be put down to an examination by Customer such as would have been possible, for example in a shop. Apart from this, Customer can avoid the obligation to compensation by not putting the object into use like an owner and omitting everything impairing its value. Pursuant to § 312 d, sub-section 4, German Civil Code, the following are excluded from revocation:
– delivery of commodities produced according to Customer’s specification or unambiguously tailor-made to match its personal requirements or not suited for returning on the basis of their properties or which spoil quickly or the sell-by date of which has been exceeded.
– delivery of audio or video recordings or of software insofar as the data media supplied have been unsealed by the consumer.
The right of revocation shall further not accrue in distance selling contracts, in which a right to revocation or return according to §§ 355 or 356, German Civil Code, accrues to Consumer on the basis of §§ 495, 499 to 507 German Civil Code.
30. Obligations: All orders are made subject to acceptance by you of these Conditions and fulfillment of any order for Products is subject to stock availability and acceptance by us of your order. We are under no obligation to fulfill any customer order.
31. Applicable law / place of jurisdiction: The present agreement shall exclusively be governed by the law of Germany. The United Nations Convention of April 11, 1980, concerning contracts for the international sale of commodities shall not be applicable. To the extent not agreed to the contrary in writing, place of performance for all contractual obligations shall be Munich. For all present and future claims from the business relationship with the customer, the exclusive place of jurisdiction shall be Munich. However, we shall be entitled to sue Customer at the court responsible for its place of residence. The same place of jurisdiction shall apply if Customer has no general place of jurisdiction in Germany, moves its place of residence or customary abode out of Germany after concluding the agreement or its place of residence or customary abode is unknown at the time of initiation of proceedings.
32. For assistance with billing questions or other enquiries please contact us using this contact form.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL TOKYO DAWN RECORDS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.