TERMS & CONDITIONS
These terms & conditions are for physical items bought from the DrumWise Shop. For our lesson terms & conditions please go to www.drumwise.co.uk/terms-and-conditions
1. The owner of this web site is DrumWise whose address is The Studio, 5 Church Road, Otham, Kent ME15 8SQ. Contact number 07843 668241. Contact email: firstname.lastname@example.org.
3. Your order is an offer to buy from us. After you have placed an order, we will send you an email confirmation. If you would like to cancel your order at this stage you are free to do so in accordance with our cancellation policy.
4. Nothing that we do or say will amount to any acceptance of your offer until immediately before we despatch a product to you, at which point a contract will be made between us. At any point up until then we may decline to supply a product to you without giving any reason. If we decline to supply a product to you and you have already paid for it, we will give you a full refund of any amount already paid for that product in accordance with our refund policy below.
5. Where products are despatched separately from each other, our acceptance of the order in respect of each product takes place immediately before that product is despatched.
6. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. If the error is discovered prior to goods being dispatched, we will cancel and refund your order.
7. You must have a unique email address to use our site. You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.
8. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
9. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
10. It is your responsibility to ensure you are able to receive e-mails from DrumWise. We recommend you add email@example.com to your ‘safe sender’ list, and check that your online security software does not block e-mails from us. In the unlikely event you do have any difficulty receiving email from us please advise your Internet Service Provider who should be able to assist you further.
11. You undertake that all details you provide to DrumWise for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
12. You must choose a password during registration. You are responsible for all actions taken under your unique email address and password and shall only use the Site under your own email address and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your email address to anyone, nor permit, either directly or indirectly, anyone to use your email address or password.
13. If there are any changes to the details supplied by you it is your responsibility to inform DrumWise as soon as possible.
14. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.
15. You may cancel the contract at any time but no later than 14 working days after the day you received the product by:
a. sending the notice of cancellation by email or phone ensuring that you quote your name, address and order reference number; or
b. where you have already received the goods, following our returns authorisation procedure – by contacting DrumWise by email or phone. We will provide you with details on how and where to send your item. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
16. We will refund your credit card once we have received and processed the item as soon as possible and in any event within 14 days of notice of cancellation. You will be liable for any charges incurred in returning the goods to DrumWise or if you fail to return goods you will be liable for any charges incurred in relation to attempts to collect the goods.
Damaged, Defective, Incorrectly Sent, Incorrectly Advertised Items
17. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, DrumWise shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question. Please follow our returns authorisation procedure by contacting DrumWise by email or phone. We will provide you with details on how and where to send your item. Please notify DrumWise of the problem in writing as soon as possible and preferably within 28 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
18. DrumWise does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
19. DrumWise will do its best to correct errors and omissions as quickly as practicable after being notified of them.
20. To the fullest extent permitted by law, DrumWise is providing this site and its contents on an ‘as is’ basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials or products included in this site including, without limitation. In addition, DrumWise does not represent or warrant that the information accessible via this site is accurate, complete or current.
21. You and DrumWise will only be liable under these Terms for losses that are a reasonably foreseeable consequence of the relevant breach of contract.
22. The products sold on the Site are not for re-sale or distribution. We reserve the right to suspend accounts where we believe products are being ordered in breach of this. DrumWise does not accept liability for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from DrumWise when not using the products in accordance with these Terms and Conditions.
Processing of orders
23. DrumWise debits credit and debit cards on the day the order is placed. All prices include sales taxes (where applicable) unless otherwise stated.
24. DrumWise aims to arrange shipment of all ‘in stock’ items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock or we are experiencing a high volume of orders. Some items may be unavailable and the current stock status is approximate. DrumWise is not able to supply dates when items may be back in stock.
25. The period stated within which you will receive your order is approximate. We usually ship items within 2-3 working days Goods will be sent to the address given by you in your order on a 3-5 day service.
26. Your delivery may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; DrumWise advises each customer to contact their local customs office for further information.
27. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
28. We use a number of third party delivery agents to ensure your orders are delivered to you as quickly as possible. Any losses after the item has been dispatched from our website must be reported to us.
29. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
30. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
31. Subject to the licence granted to you to use the Site, DrumWise reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of DrumWise and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in DrumWise and its affiliates, as appropriate.
32. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. DrumWise tracks the electronic ‘fingerprints’ of every order placed on DrumWise to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
33. DrumWise may amend these terms from time to time, and place the new version on the site. For users purchasing goods or registering on the site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the site. Your continued use of the site following DrumWise posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these terms, then your only remedy is to cease using the site.
34. These terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between DrumWise and you relating to your purchase. DrumWise advises that you print off and keep safe a copy of these terms and conditions once DrumWise has accepted your order.
35. If any provision of these terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these terms and the remainder of the affected provision shall be unaffected.