Terms of Delivery Warner D2C Merchandising HGmbH

General

The use of this website and access to all the services provided are subject to all of the following terms, conditions and notices.
We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website. It your responsibility to read the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.

Prohibitions

You must not misuse this website. You will not commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into aspects of the service corrupt data; cause annoyance to other users; infringe upon the right of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as ‘spam’; or attempt to affect the performance or functionality of any computer facilities of or through this website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Warner D2C will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distribution denial-of-service attack, viruses or other technologically harmful material that may affect your computer equipment, computer programs, data or other proprietary due to the use of this website or to your downloading of any other material posted on it, or on any website linked to it.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following Terms and Conditions. You will be asked to accept these Terms and Conditions when placing your order. All orders are subject to availability and confirmation of the order price. Please click here for delivery charges.
In order to contract with Warner D2C you must be over 18 years of age and possess a valid credit or debit card. Warner D2C retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund including any delivery cost charged. We will not take any additional payments without prior consent.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

Payment

We accept payment by credit or debit card and PayPal. We do not accept cheques or postal orders. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed and at this point, your card will be debited. Your order will then be dispatched.

The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. If you have already paid, we will refund you the full amount including any delivery costs charged as soon as possible.

We will make every effort to deliver goods within the estimated time scales, however delays are occasionally inevitable due to unforeseen circumstances. Delivery to the more remote parts of Scotland in particular may take longer than other deliveries. Occasionally, we may need to cancel an order if we will be unable to deliver. In this situation, if you have already paid we will refund you the full amount including any delivery costs as soon as possible.

If we miss the delivery deadline for any products then you may cancel your order straight away if any of the following apply:
(a) We have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

If you choose to cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay for the cost of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.

We withhold the right to not resend any orders which have been returned to us without prior payment for a second delivery if you have provided us incorrect delivery information, or when you fail to collect your goods from your local depot if a delivery has been attempted and failed.

Please click here for delivery charges.

If you order products for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for more information before placing your order.

Discount Codes

Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

A promotion code must be entered before checkout and cannot be used for an order after it has been placed.

Gift Vouchers and Gift Cards

Please note that gift cards purchased from this website can only be redeemed at emp.co.uk.

Our Return Policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Warner D2C Returns Service, Darmer Esch 73, 49811 Lingen - Germany Fax: +49 (0)591-914320, E-Mail: mailbox@emp-online.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Your right to cancel will not be agreed in the following situations:

  • on returns of sealed audio- or video (e.g. CDs, LPs, DVDs) or software (e.g. games), if you have already unsealed the packaging;
  • on a sale of tickets for events of any kind (e.g. concerts and festivals). These are non- refundable.
  • on an order for personalized items, or products that have been manufactured according to your specifications.
  • on sealed goods, which are not applicable for a return for reasons of health and safety or hygiene, in the situation where the sealing has been removed (e.g. piercings, contact lenses)

Sample cancellation form - template

You can use the following form for your order cancellation or write your own letter to cancel, or, as specified in the terms, you can return the goods without comment within the return period.
To:
To: Warner D2C Returns Service, Darmer Esch 73, 49811 Lingen - Germany

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

_____________________________________________________________________

Ordered on (*)/received on (*),

_____________________________________

Name of consumer(s),

_____________________________________

Address of consumer(s),

_____________________________________

Signature of consumer(s) (only if this form is notified on paper),

____________________________________

Date

____________________________________

(*) Delete as appropriate.

PRIVACY POLICY

E.M.P. Merchandising Handelsgesellschaft mbH ("EMP), a Warner Music Group company is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we, one of our EMP companies (E.M.P. Merchandising Handelsgesellschaft GmbH, EMP Mail Order UK Ltd, Emp Mailorder Italia S.r.l., Large Popmerchandising B.V. and Large Popmerchandising B.V.B.A) or our third-party service providers collect through certain of our owned or controlled websites, web properties (e.g., widgets and applications) and mobile applications (“Mobile Apps”) in each case, that link to this Privacy Policy (each, a “Property” or collectively the “Properties”). By providing Personal Information (as defined below) to us through the Properties, you acknowledge you have read this Privacy Policy and you understand the terms and conditions herein.

1. PERSONAL INFORMATION

1.1 Personal Information We May Collect

Two types of information are collected in connection with the Properties: Personal Information and Other Information. “Personal Information” is information that identifies you or makes you identifiable as an individual. “Other Information” is any information that does not reveal your specific identity. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. Other Information is addressed separately below, under the heading “OTHER INFORMATION”.

We and our third-party service providers may collect the following Personal Information from you such as:

  • Name
  • Postal address (including billing and shipping addresses)
  • Telephone number
  • Email address
  • Date of birth
  • Credit and debit card number
  • Purchase details
  • Size, weight - if you use a size advisor

1.2 Collection of Personal Information

We and our third-party service providers collect Personal Information through the Properties in a variety of ways, including:

1.2.1 Through the Properties

We may collect Personal Information through the Properties, for example, when you register for newsletters or other communications through the Properties, register a customer account, make a purchase or make a request.

1.2.2 Offline

We may collect Personal Information from you offline, e.g., if you provide information to us at an E.M.P. store or at a concert venue.

1.2.3 From Other Sources

We may receive your Personal Information from other sources, for example:

  • address databases; or
  • marketing partners when they share information with us in the context of marketing and promotional campaigns related to our business.

If you use your social media or other third party account to enter our sweepstakes, contest, or promotions or via an initiation to sign into such account on our Properties, you will share certain Personal Information from your third party account with us which may include, for example, your name, email address, photo, list of social media contacts, listening history, favorite tracks and any other information that you make or which is otherwise accessible to us when you connect through such third party account.

1.2.4

You are not required by statute or contract to provide any Personal Information to us. For example, when you participate in various opportunities provided through the Prop-erties, we collect Personal Information from you in order to enable you (or us) to complete your experience on the Properties.

1.3 How We Use Personal Information

We and our third-party service providers use Personal Information for the following business purposes including:

1.3.1

Providing the functionality of the Properties and fulfilling your requests.

  • To provide the Properties' functionality to you, such as arranging access to your registered account, and providing you with related customer service.
  • To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request information about our Properties.
  • To send to you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
  • To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
  • To provide you with the international customer service of all EMP companies.

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

1.3.2

Providing you with our newsletter and/or other marketing materials and facilitating social sharing

  • To send you newsletters with information about our products and services and newsletters with information from our affiliates within Warner Music Group at regular intervals. You may also choose to provide additional information when you subscribe to the newsletter. If you have subscribed to our newsletter, you will receive an email from us. [To complete your subscription to our newsletter, you will have to click on the activation link in that email.
  • To send you other marketing communications, that we believe may be of interest to you if you have indicated that you would like to receive them (including, without limitation, by our third-party service providers that send direct mail, and other types of advertising).
  • To send you SMS text messages using your telephone number, e.g., if you participated in a sweepstake with this number and you have indicated you would like to receive them. Please keep in mind that message and data rates may apply. You should check with your mobile service provider for applicable data rates.

We will engage in this activity with your consent or because we have a legitimate interest.

1.3.3

Analysis of Personal Information for business reporting and providing personalized services.

  • To analyze or predict our users' preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Properties.
  • To personalize your experience on the Properties using your IP address, by presenting content, products, and offers tailored to you.

We will engage in this activity with your consent or because we have a legitimate interest.

1.3.4

Allowing you to participate in sweepstakes, contests or other promotions.

  • To allow you to participate in sweepstakes, contests and similar promotions using your name, address and email address, and to administer these activities. Some of these activities have additional rules, which could contain additional information (e.g. date of birth) about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern.
  • • To notify you of the outcome of a contest, EMP will send you an email. If you win a contest, EMP may publish your name.

We use this information to manage our contractual relationship with you.

1.3.5

Aggregating and/or anonymizing Personal Information.

  • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.

We will engage in this activity because we have a legitimate interest.

1.3.6

Accomplishing our business purposes.

  • Data analysis, for example, to improve the efficiency of our Properties;
  • Audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
  • For developing new products and services;
  • For enhancing, improving, or modifying our current products and services;
  • For identifying usage trends, for example, understanding which parts of our Properties are of most interest to users;
  • For determining the effectiveness of promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
  • For operating and expanding our business activities, for example, understanding which parts of our Properties are of most interest to our users so we can focus our energies on meeting our users' interests.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

1.4 Disclosure of Personal Information

We disclose Personal Information:

1.4.1

To Warner Music Group and its affiliates for marketing purposes. You can consult the list and location of Warner Music Group here https://wminewmedia.com/affiliates/.

For further information about Warner Music Group’s data protection policies, please refer to the Privacy Policy under https://wminewmedia.com/privacy/.

1.4.2

To our third-party service providers (and in some cases, our affiliates), to facilitate the services they provide to us

  • These can include providers of services such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services
  • By selecting the payment option "payment by invoice" we may collect the Personal Information that are required for processing the purchase with payment by invoice and for running an identity and credit check and transfer such data to the provider. The provider needs such data for purposes of obtaining information about the purchaser's identity and credit score from the appropriate credit rating agencies.

1.4.3

To third parties, to permit them to send you marketing communications, consistent with your choices.

  • Unaffiliated third parties or their vendors, to permit them to send, or cause to be sent, marketing communications to you in online and offline media.
  • Our artists (including any of the artists' band members, if applicable) and their representatives, so that the artists and their representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you (a) sign up to join the applicable artist's mailing list and/or to receive such artist's newsletters, (b) register with the applicable artist's website, or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable artist. We do not control, and are not responsible for, artists' and their representatives' use of Personal Information.

1.4.4

To a relevant artist who is no longer affiliated with us, if you indicated an interest in such artist (for example, by registering with the artist's website)To third parties that sponsor contests, sweepstakes and similar promotions so that they can facilitate and administer such contests, sweepstakes and promotions

1.4.5

By using the Properties, you may elect to disclose Personal Information

  • On or through message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information and materials that you post or disclose on or through a Property will become public information, and may be available to visitors to such Property and to the general public, and may be redistributed through the Internet and other media channels where they will reach an even broader audience. We urge you to be very careful when deciding to disclose your Personal Information, or any Other Information, on or through the Properties.

1.5 Other Uses and Disclosures

We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

1.5.1

To comply with applicable law.

  • This can include laws outside your country of residence.

1.5.2

To respond to requests from public and government authorities.

  • These can include authorities outside your country of residence.

1.5.3

To cooperate with law enforcement.

  • For example, when we respond to law enforcement requests and orders

1.5.4

For other legal reasons.

  • To enforce our terms and conditions
  • To protect our operations or those of any of our affiliates or artists;
  • To protect our rights, privacy, safety or property, or that of our affiliates, our artists, you or others; or
  • To allow us to pursue available remedies or limit the damages that we may sustain

1.5.5

In connection with a sale or business transaction.

  • We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors

1.6 Retention Period

We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

The criteria we use to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Properties to you (for example, for as long as you have an account with us or keep using the Properties);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

1.7 Sensitive Information

We ask that you not send us, and you not disclose to us, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Properties or otherwise.

2. OTHER INFORMATION WE MAY COLLECT

We and our third-party service providers may collect Other Information (defined above) such as:

  • Browser and device information
  • Mobile App usage data
  • Server log files
  • Information collected through cookies, pixel tags and other technologies. Please visit our cookie policy for further details on our use of cookies.
  • Geographic location information
  • Demographic information and other non-personally identifiable information provided by you
  • Information about how you use the Properties
  • Aggregated information

2.1 How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including:

2.1.1

Through your browser or your device:

Certain information is collected by most browsers, such as your Media Access Control (MAC) address, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of a Property that you are using. We and our service providers may also collect a unique device identifier assigned by us or our service providers to the device from which you are accessing a Property and other transactional information for the device that we and our service providers may use to serve content and advertisements to the device.

2.1.2

Through your use of Mobile Apps:

When you download and use a Mobile App, we and our service providers may track and collect Mobile App usage data, such as the date and time the Mobile App on your device accesses our servers and what information and files have been downloaded to the Mobile App based on your device number.

2.1.3

Through server log files:

An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing a Property by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Property, along with the time of the visit and the activity on the Property. We and our service providers use IP addresses for purposes such as calculating Property usage levels, helping diagnose server problems, administering the Properties and determining your approximate geographic location.

2.1.4

Using cookies:

We and our service providers may use cookies, pixel tags, web beacons, Adobe Flash technology (including Flash Local Stored Objects (“Flash LSOs”)) and other similar technologies to, among other things, better serve you with more tailored information for our products and services, and for those of third parties, facilitate your on-going access to and use of the Properties, and collect and store information about your use of the Properties. For example, pixel tags and web beacons may be used in connection with a Property to, among other things, track the actions of such Property’s users, measure the success of marketing campaigns and compile statistics about such Property’s usage and response rates.

  • If you do not want information collected through the use of cookies, there is a simple procedure on most devices through which the Properties are accessed that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Properties may not be available to you.
  • If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Properties, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Properties or our content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
  • The use of these technologies allows third parties and their vendors, to deliver advertisements about our products and services, and the products and services of others, when you use the Properties or other applications or visit websites or web properties across the Internet on any of your devices. These parties may place socalled “pixel tags,” “web beacons,” “clear GIFs” or similar technologies on the device through which you access the Properties, and other applications or websites across the Internet, and also place or recognize third-party cookies when you use the Properties, or other applications, websites or web properties. They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile device and a laptop. These third parties may use information about your visits, on the different devices you use, to the Properties, and other applications, websites or web properties (excluding your name, address, and telephone number), as well as information received from third parties, to provide advertisements for us and others about goods and services that may be of interest to you. If you would like more information about this practice, please visit the Network Advertising Initiative at www.networkadvertising.org or the Digital Advertising Alliance at www.aboutads.info. You may also visit those sites to opt out of these advertising practices in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy.
  • Our Properties do not respond to browserbased do-not-track signals.

2.1.5

Geographic location information

If you use any location-enabled products or services, you may be sending us location information. When you use a location-enabled service, we may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. We and our third party service providers and partners may use your device’s physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.

2.1.6

From you:

We may collect demographic information, such as your zip code or gender, as well as other information, such as your preferred means of communication, when you volun-tarily provide this information to us. This information does not necessarily personally identify you or any other user of the Properties, unless further information is added to it that would allow identification to take place. In such case, the information will be treated as Personal Information.

2.1.7

Information about how you interact on the Properties:

We may collect information about how you interact on the Properties. For example, some Properties may utilize analytic tools to help us better serve you through improved products, services, and revisions to the Properties. This collected information may let us know which services and features you are using the most within a Property, as well as device type and hardware features, country and language of download, etc.

2.1.8

By aggregating information:

We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Properties, for example, by using Personal Information to calculate the percentage of our users who like a particular artist.

2.1.9

Social Plugins:

Our plugins are not integrated into our website without restriction, but merely by using an HTML link (so-called "shariff plugin"). This type of integration ensures that by using our website no connection to the service of the social network provider will be established yet. If you click on a button of a social network, a new window will open and access the page of the service provider. For the purpose and scope of data collection and the further processing and use of data by social network providers on their respective websites, and for your related rights and setting options to protect your privacy, please refer to the data privacy policies of the providers.

2.2 How We May Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

3. SECURITY

We will use reasonable physical, technical and administrative measures to protect Personal Information under our control. If you have reason to believe that your interaction with us is no longer secure, please notify us immediately in accordance with the “Contacting Us” section below.

4. YOUR RIGHTS

4.1 Your choices regarding our use and disclosure of your Personal Information

We give you many choices regarding our use and disclosure of Personal Information about you for marketing purposes.

You may opt-out from the following as set forth below:

4.1.1

Receiving marketing-related emails from us and our affiliates

4.1.2

If you do not want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out from receiving such emails either by using the unsubscribe mechanism provided in the email or by emailing us at dataprotection@emp.de .Receiving marketing-related SMS text messages from us and our affiliates: If you do not want to receive marketing-related SMS text messages from us and our affiliates on a going-forward basis, you may opt-out from receiving such messages by texting back “STOP” or by emailing us at dataprotection@emp.de.

4.1.3

Our sharing of your Personal Information with artists or unaffiliated third parties for their marketing purposes:

If you prefer that we not share your Personal Information on a going-forward basis with artists or unaffiliated third parties for their marketing purposes, you may opt-out from such sharing by emailing us at dataprotection@emp.de.

Please make clear in your email what you are opting-out from. We will comply with your request(s) as soon as reasonably practicable, in any case within the legally required time period. Please note that, if you do opt-out from receiving marketing-related messages from us, we may still send administrative messages to you.

4.2 How you can access, change or delete your Personal Information

If you would like to access, review, correct, update, suppress, restrict or delete Personal Information that you previously provided to us, if you would like to object to our use of your Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at: dataprotection@emp.de. We will respond to your request consistent with applicable law.

You may also lodge a complaint with the competent data protection regulatory authority: Data Protection authority of the state of Lower Saxony (Germany), Prinzenstraße 5, 30159 Hannover; Telefon: 0511 120 – 4500; Telefax: 0511 120 – 4599; E-Mail: poststelle@lfd.niedersachsen.de, Internet: htttp://www.lfd.niedersachsen.de. In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Where our collection and use of Personal Information is based on your consent, you may withdraw such consent at any time by emailing us at dataprotection@emp.de, and such withdrawal will not affect the lawfulness of processing based on consent before your withdrawal.

5. CROSS-BORDER TRANSFER

The Properties are controlled and operated from Germany; accordingly, this Privacy Policy, and our collection, use and disclosure of your Personal Information, is governed by the laws of Germany. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Properties you understand that your information will be transferred to countries outside of your country of residence, including countries outside the EEA, which may have data protection rules that are different from those of your country. If you are located in the EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection_de. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission regarding Personal Information. You may obtain a copy of these measures by contacting dataprotection@emp.de.

6. UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. Please take a look at the “LAST UPDATED” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we make the revised Privacy Policy available on or through a Property.

7. CONTACTING US

E.M.P. Merchandising Handelsgesellschaft mbH is the company responsible for collection, use and disclosure of your Personal Information under this Privacy Policy.

If you have any questions or concerns about this Privacy Policy or our data processing practices, please contact us by email at dataprotection@emp.de. We are located at the following address:

E.M.P. Merchandising Handelsgesellschaft mbH
Darmer Esch 70a
49811 Lingen
Data protection officer:
André Bosse
Darmer Esch 70a
49811 Lingen
GERMANY
phone: 0049 591 - 9 14 310
e-mail: datenschutz@emp.de

The data protection officer is a DEKRA certified "data protection specialist." To be certified as a "data protection specialist", the data protection officer must demonstrate his or her subject matter knowledge in a written examination. DEKRA cer-tification is limited to a certain time period and may be renewed by taking subsequent tests at regular intervals or by furnishing proof of enrollment in continuing education events. The certification is issued by DEKRA Certification GmbH, Handwerkstr. 15, 70565 Stuttgart, GERMANY. The required subject matter knowledge is detailed at http://www.dekra-personenzertifizierung.de/fachkraft-datenschutz and includes, inter alia, the following:

  • Provisions and implementation of the European General Data Protection Regulation (EU GDPR)
  • Provisions and implementation of the revised Federal Data Protection Act (BDSG, neu)
  • Data security and IT security: technical and organizational measures
  • Risk management
  • Data protection management – organization of data protection within the company
  • Principles governing the processing of personal data
  • Data protection officer (internal/external)
  • Rights of data subjects
  • Notification obligations
  • and more (see link).

These requirements are satisfied by our data protection officer. According to the DEKRA seal, the certification is currently valid until January 2020.

Please note that email communications are not always secure, so please do not include credit card information or other sensitive information in your email messages to us.

Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Warner D2C and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in relation to the use of or content of the Website and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Warner D2C Mail Order UK Ltd.'s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

The exclusion above does not limit or exclude any of your rights in relation to products purchased from the Website or any statutory rights. Where you are a consumer, we will be responsible for any loss or damage that is a foreseeable result of our breach of contractor negligence. Because we only supply the products for consumer use, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Law and Jurisdiction

These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have non-exclusive jurisdiction over any dispute which may arise. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident in Scotland you may also bring proceedings in Scotland.

Variation

Warner D2C Mail Order UK Ltd. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the goods available and/or any page of this Website.

Contacting Us

You can contact us using the details on the contact us page of this Website.

Imprint

Address:

EMP Mail order UK Ltd.
Darmer Esch 70 a
D 49811 Lingen
Germany
EMP Mail order UK Ltd.
P.O. Box
49801 Lingen
Germany

Commercial Registry:
HRB 100299

Customer Service:
Mo-Fr 8.00 a.m. - 7.00 p.m.(except holidays)
Tel: 0203 885 0001
E-Mail: mailbox@emp.co.uk

VAT No.:
DE 178 881 350
Commercial Registry:
HRB 100299

Management:
Ernst Trapp, Dr. Jan Fischer, Stuart Bergen, Antony Harlow, Eric Levin

Logo Warner Music Germany
Logo EMP

Warner D2C Roadtrips, Events and Travel Prizes Terms

Travelling Abroad: All Warner D2C Roadtrip attendees, prize winners and any travelling companions must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in-country authorities may reserve the right to refuse entry to road trip attendees, prize winners and/or their travelling companions. We shall not be responsible for ensuring your ability to travel to the destination nor for any additional costs incurred should you be refused entry. Unless otherwise stated, each competition is open to UK residents only aged 18 years or above.

Warner D2C HELLFEST ROADTRIP 2017
Important: The tickets for the Warner D2C Hellfest Roadtrip 2017 can be purchased in two parts to help spread the cost. The first payment acts as a deposit ONLY to reserve you your place for the Warner D2C Hellfest Roadtrip. Only by making the second payment do you fully purchase the ticket for the event. Full payment is required before the 31st March 2017. Failure to purchase the second part before the 31st March 2017 will result in the loss of your place on the Hellfest Roadtrip and your deposit. The first part of the Warner D2C Hellfest Roadtrip can be purchased online by adding it to your cart from the Hellfest Roadtrip Landing Page but in order to purchase the Second part or if you want to buy both parts together you must call the Customer Service Number: 01548 830 756. Please note that your ticket(s) will not be released to us from the event organiser and have to be collected from the Box Office on the day the event opens (15th June 2017). These tickets will be collected by the Warner D2C representative on the Roadtrip and handed out accordingly. This is a package deal and we cannot sell the Hellfest Ticket separately.

INSURANCE AND OTHER EXPENSES
Unless otherwise stated, insurance is not provided as part of any Warner D2C Roadtrip or holiday prize. It will be each Warner D2C Roadtrip attendee, prize winner’s and (if applicable) their travelling companion's responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss and damage to property) which may be required or prudent to be taken. All insurance, spending money and other expenses, unless otherwise stated, are costs for the roadtrip attendees, prize winners and their travelling companion and are not provided as part of any holiday prize. Unless stated otherwise, competition prizes consist of tickets to the event and travel only. If the event consists of camping it will be the Roadtrip attendees, prize winners and any travelling companions to ensure they have sufficient camping equipment, food and spending money. Where the United States of America is a holiday prize destination, the prize winner and any travelling companion will be required to apply for an Electronic System for Travel Authorisation (ESTA). Applications must be submitted no later than three (3) days prior to the departure date. Should this form not be lodged by both the winner and within this time, they will be ineligible to enter the United States of America and will therefore forfeit their holiday prize.

CANCELLING YOUR BOOKING
It may be necessary to cancel your Warner D2C Roadtrip due to illness, accident or change of circumstances. If you have taken out insurance, payments arising from the cancellation will be covered in most cases. As soon as you know that you need to cancel, please contact us on 01548 830 756. Cancellation charges are calculated from the date we receive your instructions by email, please see below: Time of booking to 28 days before the start of the Event: Full Refund Less than 28 days before the Event begins: 100% Cancellation charge This does not include the terms set for the Warner D2C Hellfest Roadtrip 2017. Please see above section for more info.

EXCLUSION OF LIABILITY
All Warner D2C Roadtrip attendees, prize winners and their travelling companions must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any roadtrip event/holiday prize, including any insurance policy relating to the holiday. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements. Offensive or illegal behaviour will not be tolerated. We will not be held responsible if your behaviour or actions results in your arrest or being removed from the Warner D2C Roadtrip/Event at any point including flights, coach and ferry journeys or removal from the event itself by their security. Refunds will not be given. We will not be liable or responsible for any loss or damage suffered by any prize winner or their travelling companion (if applicable) should any prize winner or their travelling companion (if applicable) not redeem a holiday prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries or for any other failure on their part to travel. In particular, we shall have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winner and/or their travelling companion (if applicable) fail to redeem a holiday prize for any reason

If your conduct, or that of anyone in your party is reasonably considered detrimental to the smooth running of an Warner D2C Roadtrip including and not limited to being too drunk, we reserve the right to remove you and/or the rest of your party from the trip without reason and without a refund.

All Warner D2C Roadtrip attendees, prize winners and their travelling companions take responsibility for their own time keeping and ensuring they arrive with plenty of time for pre-scheduled pickup/departure times. We will not be liable or held responsible for any additional costs incurred if you miss a method of transport if you are not there on the scheduled departure time.

We do not accept liability for any loss or damage to yourself and/or personal items that you bring with you whilst attending an Warner D2C Roadtrip, Event or Holiday Prize. (Please see Insurance section for more details)

There is a STRICTLY NO SMOKING POLICY on any of the transportation included with the Warner D2C Roadtrip or competition prizes, this includes the use of electronic cigarrettes. Please note that smoking (including electronic cigarettes) is only permitted on Ferries in the designated outside decks.

WE OPERATE A ZERO TOLERANCE DRUG POLICY on all our Warner D2C Roadtrips. Anyone found to be in possession of any suspected illegal or controlled substance will be removed from the Warner D2C Roadtrip, will risk arrest and prosecution and will be banned from attending any future events.

We shall not be liable for failure to perform our obligations hereunder due to events beyond our reasonable control (including but not limited to industrial disputes, natural disasters, fire, technical problems, third party administrations, traffic issues, bad weather and acts of government or acts in compliance with any applicable law, regulation or order (whether valid or invalid) of any governmental body.

Alterations such as the withdrawal of certain amenities, facilities, activities venue and entertainment, may be made by the Event Organiser for reasons beyond our control without any obligation or liability. The advertised line-up is correct at time of going to press and may be subject to change. Your pass is to the Event is not dependent or conditional on any particular band(s).

Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom

No part of these Terms and Conditions affects your rights as a consumer. These Terms and Conditions are in addition to your rights as a consumer.

PUBLICITY AND USE OF IMAGES
We reserve the right to take photographs or films of any Warner D2C Roadtrip/Event and to use the same in a responsible way in our promotional literature and on our website and social media sites. We may also reproduce any comments that we receive from you in such literature and on our website unless you do not consent to such use. You will be expected to provide a consent form in respect of the use of your image prior to the trip commencing and if you do not agree to the use of your image for the above purposes then we must be informed prior to the trip commencing.