Website Terms & Conditions Of Sale back to top

These are the terms and conditions which will apply to your purchase of new and used musical instruments, new and used musical instruments accessories and other goods (“Goods”) from the Drumshack website at www.drumshack.co.uk (“Website”).

The Website and Goods are provided by Drumshack Limited, a company registered in England and Wales under number 4767623 with a registered office at 92 Merton Hall Road, London, SW19 3 PZ (“we”, “us”, “our”). When we refer to “you” and “your” we mean the user of the Website and the purchaser of the Goods.

These terms and conditions form a legally binding contract between us and you. Your acceptance of the terms and conditions is given when you purchase Goods from us. You should read these terms and conditions carefully before buying from this Website.

The terms and conditions contain the following sections:

Part 1 – Information about the Website and the Goods

Part 2 – Buying Goods

Part 3 – Returning Goods

Part 4 – Liability for defective Goods

Part 5 – General terms relating to our relationship with you

Part 6 – Special terms and conditions relating to Next Day Delivery Service and Next Day by Noon   Delivery Service

Part 7 – Privacy Statement

We reserve the right to change the terms and conditions under which the Website and the Goods are provided. Any such change in terms and conditions will be effective to all new orders included in the text of these terms and conditions and published on the Website. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version.

If you have any questions about the terms and conditions, the Goods and the Website please email us at sales@drumshack.co.uk.

PART 1 – Information about the Website and the Goods

Separate Notices and Disclaimers apply to your use of the Website. By accepting these terms and conditions you also agree to the Notices and Disclaimers.

We try to make sure that all information on the Website, including description of our Goods and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.

You should bear in mind that buying musical instruments and musical instruments accessories, both new and used, over the Internet provides a different shopping experience to buying in store. In particular you acknowledge that:

The colours which are shown for the Goods on the Website will depend on many factors including your display settings.

All sizes and measurements are approximate.

All Goods are subject to availability and we may not be able to supply your order.

Any delivery estimates given by email or telephone are estimates only.

The Goods which are offered on the Website may not be available in store and vice versa.

You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.

PART 2 – Buying Goods

This part sets out some terms which apply to your purchase of Goods from us through the Website.

You make an offer to purchase a product from us (your “Order”) by completing the staged process on the Website as set out below.

• Adding product to your shopping basket
• Checkout step 1 – Login details
• Checkout step 2 – Address details
• Checkout step 3 – Payment details
• Confirmation of Order

Your Order only constitutes an offer to purchase Goods from us and does not form a binding contract until accepted by us. Where you order more than one product your Order contains a series of offers for each product individually.

On receipt of your Order, we will send you an automated Order acknowledgment email to the email address which you provide in the Order process. This automated Order acknowledgment email will contain your Order number and details of the Goods ordered. Note that this email is only to acknowledge that your Order has been received, and is not acceptance by us of any offers to purchase Goods.

We must receive full payment of the price of the Goods before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your Goods for dispatch.

An offer made by you to purchase a product shall only be deemed to be accepted by us when we dispatch that product contained in your Order to you.  We reserve the right to refuse any offers in an Order prior to acceptance. If a product is not available we will contact you either by telephone or by email. A product which is not available will not be included in the contract for a product which is dispatched.

We aim to despatch any Orders received from the Website before 3.00pm on the same day where the product is available. In cases where the product is not in stock we will notify you by email or telephone to confirm expected delivery times. We aim to deliver products not in stock at the time of ordering within 7-14 days. All Goods ordered will be delivered to the cardholder’s registered address only without exception, and we reserve the right to refuse any Order which does not comply with this rule.

Please note that we use either a nationwide courier or Royal Mail to deliver our Website Orders. Our courier company provides our Next Day Delivery Service and Next Day by Noon Delivery Service. The Next Day Delivery Service and Next Day Delivery by Noon Service are dealt with at Part 6 below. All other Orders are delivered using Royal Mail which usually takes 1-3 days to deliver (small items are send 1st Class post and larger items Standard Parcel post) . We do not despatch items on Public holidays or Bank holidays and our couriers do not deliver on such days as they are not considered “working days” by our courier company.

Deliveries to non-mainland addresses i.e. The Scottish highlands, Northern Island or for any other UK island (excluding Isle of Wight) premium services may not be available and higher postage costs may occur. There may also be a greater lead time for non-mainland deliveries.

Please note that the courier company is instructed not to leave a parcel without a signature or receipt. They cannot leave goods at any address without this signature, even if you request this in your delivery order notes.

EU and International Deliveries are sent via our Courier Company and the estimated delivery time will be given on request.

All prices and charges on the Website are in UK Pound Sterling. Delivery charges may apply and these will be displayed in the ordering process.

All prices are, unless otherwise stated, inclusive of VAT. Our VAT number is GB 697 2348 88.

PART 3 – Returning Goods

Under the UK Consumer Protection (Distance Selling) Regulations 2000, you have the right to a cooling off period of seven working days from the day after the day you receive the Goods in which you can cancel the contract for the purchase of any Goods from this Website. A full refund will be made to you including the original delivery charges but excluding any delivery charges that you incur for the return of the Goods to us. The Goods must be complete and in the original boxes and packaging and free from any scratches or marks. Any free items must also be returned and media items such as DVDs and videos should remain in the original packaging. We reserve the right to reduce the refund value if the returned Goods have to be reduced for resale owing to missing or defective packaging. No returns will be refunded unless you provide proof of purchase.

PART 4 – Liability for Defective Goods

We are prepared to replace free of charge or offer a full refund for any Goods which are proved to be of defective manufacture or materials at the time of their purchase. Most items except consumables (i.e. Sticks and Drum Skins) are guaranteed for 12-24 months and we will act on your behalf with the manufacturer and whenever possible provide you with a loan item free of charge. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, delay, indirect or consequential loss (apart from any loss within the reasonable contemplation of the parties at the time of the contract) or damage arising out of any problem in relation to the Goods.  Our overall liability in connection with defective Goods purchased from the Website will be limited to the value of the full refund for the defective Goods that we make under these terms and conditions.

Please ensure you thoroughly check your Goods before signing for them. If your Goods have been damaged in transit please sign for them as DAMAGED and contact us immediately on 020 7228 1000 or email sales@drumshack.co.uk.

This Part 4 does not affect your statutory rights as a consumer, nor is it intended to exclude our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

PART 5 – General terms relating to our relationship with you

This Part 5 sets out some general terms that govern our relationship with you and purchases by you.

We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems and networks, acts of god, fire, earthquakes, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to or destruction of premises or equipment.

All notices which we need to give you under these terms and conditions will be sent by us to your registered email address.

These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.

Save to the extent that you exercise your right as a consumer to bring an action in or rely on the law of your country of domicile, the interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of English courts for the determination of disputes.

PART 6 - Special terms and conditions relating to Next Day Delivery Service and Next Day by Noon Delivery Service

You will have the option to select Next Day Delivery Service or Next Day By Noon Delivery Service when purchasing Goods from the Website.

For most customers in the UK, we operate a next day delivery service via one of the UK's largest couriers. This means that you should receive your Order the day after we send it (excluding weekends & Bank Holidays).

	Before 3pm	After 3pm
Monday	Tuesday	Wednesday
Tuesday	Wednesday	Thursday
Wednesday	Thursday	Friday
Thursday	Friday	Monday
Friday	Monday	Tuesday
Saturday	Tuesday	Tuesday
Sunday	Tuesday	Tuesday

Please note that we use a nationwide courier for all Website Orders. The courier company is instructed not to leave a parcel without a signature or receipt. They cannot leave goods at any address without this signature, even if you request this in your delivery order notes.

These terms and conditions of sale will apply to an Order placed using our Next Day Delivery Service and Next Day by Noon Delivery Service unless expressly stated in this Part 6.

The staged process by which you complete your Order using the Next Day Delivery Service and Next Day by Noon Delivery Service is as set out below:

• Adding product to your shopping basket.
• Selecting the Next Day Delivery Service or Next Day By Noon Delivery Service options at the checkout.  
• Inserting address details to ensure courier availability.
• Confirmation of Order and payment.

Goods ordered using our Next Day Delivery Service and Next Day By Noon Delivery Service are subject to product availability and if a product is not available we will provide you, at your absolute discretion, with a full refund for that product or a later delivery date. A product which is not available will not be included in the contract for a product which is despatched under this Part 6.

If your full Order cannot be fulfilled we will contact you to confirm whether you wish to continue with the remainder of your Order. If you cannot be contacted upon the day that your Order is placed we will proceed to fulfil your Order with the stock available.

PART 7 – Privacy Statement

We take your privacy very seriously. We work hard to make sure that we only use your information in the ways that you want us to. This Privacy Statement explains what information we collect on the Website and how and when it is collected, what we use it for now and how we will use it in the future. If you have any questions about the way in which your information is being collected or used which are not answered by this Privacy Statement please contact us at sales@drumshack.co.uk.

We know that that everyone is busy, and nobody likes their email inbox cluttered up with junk mail. We promise not to bombard you with junk emails, and we will only send you details about items and promotions which we think will be of interest to you. If you decide that you do not wish to receive our emails you can unsubscribe at any time by emailing us at sales@drumshack.co.uk.

We will never give away or sell your details to a third party for marketing or any other purposes.

We are working together with Sage Pay service to offer you a safer shopping experience when using your credit card/debit card online. The Sage Pay verification system follows the same principles as Chip and Pin, by helping to protect your card against unauthorised use when you shop via the Internet. To use this Sage Pay service, you must first register with the bank or other organisation that issued your card for Verified by Visa or MasterCard SecureCode protection. You will not be able to purchase any Goods from the Website using a card which has not been registered by your bank for Verified by Visa and MasterCard SecureCode protection.

All transaction information passed to the Sage Pay is encrypted using 128-bit SSL certificates. We do not store any customer credit card/debit card information. You can be completely safe in the knowledge that all information passed to Sage Pay cannot be examined or credit card/debit card details cannot be decrypted by any third parties, within our company or by Sage Pay.

When you place an Order with us, we collect certain information which is required to allow us to process your transaction. This includes your personal details, Order details, telephone number and details of your address. We will use this information to process your transaction and despatch your order.  We may use your email address and your postal address only for sending you an occasional newsletter or promotion which we think will be of interest to you. If you decide that you do not wish to receive our emails or postal brochures you can unsubscribe at any time by emailing us at sales@drumshack.co.uk. We will keep your information for as long as is reasonably necessary for the above purposes. We will at all times comply with the standards, procedures and requirements of UK data protection legislation to ensure that the personal information you give us is kept appropriately secure and processed fairly and lawfully.

In order to process your Order and deliver your purchases to you we may have to pass your information to some of our service providers. This includes mainly our courier company. Your contact telephone number will be passed onto our courier company who may contact you by telephone in order to update you on the delivery date or time of your Order. We will only provide these companies with the information which they need to carry out their jobs. They will only be allowed to use your information in the way in which we tell them, and they will not be entitled to use it in their own right.

In assessing your request for Goods, we may use your information for the purposes of the prevention and detection of fraud. We may disclose your address and post code details to check against the IMRG Security Alert or any other Fraud Prevention Scheme. At all times where we disclose your information for the purposes of fraud prevention it will remain secure. If you believe your details are incorrect you may correct those details by following the procedure below.

We want to make sure that the information we hold about you is correct and up to date at all times. You can at any time amend or update your information by logging into the Website and amending your details as appropriate. You are entitled to ask for a copy of the information we hold about you (for which we may charge a small fee).

In order to improve your experience when shopping on the Website we use cookies. A cookie is a piece of information that our Website will place on your computer’s hard drive that can track your movements while you are on the Website. It will also recognise you when you visit our Website again. Cookies are stored in order for us to continually improve our Website and provide a better on-line shopping experience for you. They are mainly used to keep track of your current shopping session, to enable you to proceed to checkout at any time and to personalise your online experience. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.AboutCookies.org. However, please note that if you disable the use of cookies on your computer, you will not be able to shop on our Website.

Notices & Disclaimers back to top

These notices and disclaimers govern your use of the Drumshack website, available at www.drumshack.co.uk, (the "Website") which is offered by Drumshack Limited ("we", "us" and "our").

We do our best to ensure that the information on the Website is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of any information and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further agreement we may make with you in writing.

We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website, and (save as otherwise set out in these notices and disclaimers) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website.

Any link (be it a hypertext link or other referral device) used on the Website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that have links with the Website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.

We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).

Nothing within these notices and disclaimers operates so as to exclude, limit or restrict our liability for fraudulent misrepresentation or death or personal injury arising out of negligence.

Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.

All intellectual property rights and goodwill in or relating to the contents of the Website belong to either us or to our suppliers.

In particular, the trade marks displayed are protected and nothing contained in these notices and disclaimers or the Website should be construed as granting by implication, estoppel, personal bar, or otherwise, any licence or right to use any of the trade marks without our permission. However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained at below.

You may download to a local hard disk and print extracts from the Website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non-commercial use.

You may not reproduce part or all of the contents of the Website in any form unless it is for personal, non-commercial use.

You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).

You may not frame or link to the Website or any part of it without our express permission.

The interpretation, construction, effect and enforceability of these notices and disclaimers shall be governed by English Law, and you and we agree to submit to the jurisdiction of the English courts for the determination of disputes. If any terms of the Notices and Disclaimers shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

This website is owned and operated by:

Drumshack Limited

Registered in England and Wales

Company No. 4767623

Registered address:

92 Merton Hall Road

London SW19 3PZ

VAT No. GB 697 2348 88

Equipment Hire Information back to top

You are required to bring 2 forms of ID with you to hire any equipment from Drumshack. Please call Drumshack for further information.

Tuition Information back to top

Cancellations:
Cancellation of a booked lesson, by a student, will incur the following charges:

• Cancellation 48 hours before the booked lesson time will incur no charge to the student.
• Cancellation within 24 hours of the booked lesson time: The full cost (100%) of the lesson
• Cancellation within 48 hours of the booked lesson time: Half (50%) the cost of the lesson

Cancellation must be made with the shop. Cancellations made with the tutor must be confirmed with the shop, by the student ( or their parent or guardian).

Payment Terms:
All lessons must be paid for, in full, before the lesson commences.

Payment for lessons must be made to shop staff (not Teachers) either by cash or by cheque. (Cheques should be made payable to M. Law.)

Cancellation messages may be left on our answering machine outside of normal opening hours.

Practice Room Information back to top

Cancellations:
Cancellation of a booked practice will incur the following charges:

• Cancellation 48 hours before the booked practice time will incur no charge
• Cancellation within 24 hours of the booked practice time: The full cost (100%) of the practice
• Cancellation within 48 hours of the booked practice time: Half (50%) the cost of the practice

Cancellation must be made with the shop.

Payment Terms:
All practices must be paid for, in full, before the session commences.

Payment for practices must be made to shop staff either by cash or by cheque. (Cheques should be made payable to M. Law.)

Cancellation messages may be left on our answering machine outside of normal opening hours.