ADC Drums Terms & Conditions
When buying goods and services on the Internet, you, the consumer are entering a legally binding contract. The following Terms and Conditions are set in accordance with UK Trading Standards, the UK law being the applicable law. Please take the time to read the following information. These Terms and Conditions apply to on-line transactions only as covered under distance selling regulations. Different policies apply to in-store purchases.
We are required to inform you that all sales transactions on this web-site are governed by English law and you must agree to submit any dispute to the non-exclusive jurisdiction of the English courts. All orders are subject to these terms and conditions and no amendments will be accepted by us. These terms and conditions do not affect your legal rights.
Pricing & Payment
All prices on our website are in £ Sterling inclusive of VAT. We accept all major credit and debit cards, but not American Express. We will also take PayPal and pre-arranged bank transfers.
All payments for online orders are securely processed by the PCI DSS compliant Sage Pay payment processing system or PayPal. Customer credit card data for online transactions is not visible to any member of ADC Drums staff. Furthermore, we do not harvest records of customer information for use by third parties. We operate an optional opt-in system for our store mailing list which you may remove yourself from at any time. When you order by telephone with your credit card, all retailer copies of credit card receipts are shredded following the sale. Card receipt copies are sent out with goods, but only display the last four card digits and expiry date. ADC Drums endeavour to operate strictly within current PCI DSS regulations and have implemented the necessary measures required for our merchant level.
All offers and products displayed on our website are subject to availability. This website is an extension of our physical shop which has active walk-in traffic buying products. Being a small company, we do not use an EPOS (Electronic Point Of Sale) system to manage our stock, though we do endeavour to keep good levels of product. However, we cannot guarantee that everything on our website will be in stock all of the time. When you commit to buy on our website, you can choose to pay by credit card or PayPal. Both customer payment options are processed by dedicated Sage Pay or PayPal, secure payment websites. Sage Pay transactions do not immediately deduct money from your card. The purchase amount is ‘held’ against your available funds until we release it for bank clearance. In the event of your ordered item being out of stock with either ourselves or our suppliers, we will not release your payment and will abort the process. The ‘held’ amount will then be released back to your available balance. This may take up to 48 hours to transpire. We will of course inform you of any delay with your order at our earliest opportunity. As a retailer, we have the right not to accept offers to buy our goods and withdraw our ‘invitation to treat’.
Acceptance Of Your Order
When you place an order online on the ADC Drums website and complete the checkout process, you will automatically receive an email confirmation notifying you about your order details. However, completion of the checkout process does not constitute our acceptance of your order. Acceptance of your order takes place at the moment we dispatch the goods you have ordered from ADC Drums.
Cancelling Your Order
If you purchase goods from ADC Drums over the phone or online, you have the right to cancel your order without any given reason as long as you contact us within 14 days of receiving your complete order (please note that weekends, bank holidays and public holidays are counted when you calculate the 14 days cancellation period). Your product must be in a complete and unused state without any marks. The item should be returned with the original box, packing and accessories, in perfect re-saleable condition. Any extra ‘freebies’ received with the product (such as when we throw in a pair of sticks etc free of charge) must also be returned.
You must inform us about your cancellation in writing (not by telephone) either by:
- Writing to us at ADC Drums, 19 Cheapside, Liverpool, L2 2DY.
- Emailing us at email@example.com
Exceptions to Order Cancellation
In accordance with The Consumer Protection (Distance Selling) Regulations 2000 legislation (Section 13, Subsection c), the customer is not entitled to the normal 14 day ‘cooling-off’ period as stated in the Consumer Rights Act 2015 if the goods ordered are:
…made to the consumer’s specifications or clearly personalised…
If you order anything from our website which is stated as ‘custom’ or ‘bespoke’ then you do not benefit from the right to cancel or change your order. If you have any doubts about ordering, we advise you to contact Citizens Advice who will be able to advise on purchasing custom/bespoke orders online.
You can return the product to us in person by visiting the shop or by post. You must provide proof of purchase! Ideally, this should be your original receipt but it can be a credit card receipt, cheque stub, card statement or anything that indicates when the item was purchased from ADC Drums. You will be expected to take reasonable care of any products in your possession that you wish to return to us. This is called a ‘duty of care’ period and continues until you return the goods to us and can last up to 6 months whilst goods are in your possession. The item should be returned to us in a re-saleable condition. Any extra ‘freebies’ received with the product (such as when we throw in a pair of sticks etc free of charge) must also be returned. Unless the item is being returned as faulty, you (the customer) must bear all costs incurred in returning the item to ADC Drums.
We will not cancel your purchase when:
- You return your product without proof of purchase.
- The goods were a special \ custom order to your exacting requirements and free from manufacturing defects.
- You are returning audio/video recordings or software where the seal has been broken
- You are returning magazines or other reading material (excluding books)
Guarantees & Warranties
If a problem occurs with a product and you believe the product to be deemed as ‘faulty’, we will deal with the situation as quickly as possible and endeavour to provide a swift resolution. With the exception of ‘consumable’ items (drumsticks, drum skins, guitar strings), most goods have a 12 month manufacturers guarantee against faulty materials, defects or workmanship.
If the goods are found to be faulty, we will offer you either:
- a refund
- a replacement or repair
- a reduction from the original purchase price
You are entitled to reject faulty goods and claim a full refund, a replacement or a repair any time up to 30 days after purchase or delivery. After this time period has passed, you are entitled to claim a replacement or repair but not a full refund.
If we repair or replace an item that develops another fault within six months of replacement or repair, you may be entitled to some/all of your money back and retain the right to keep the faulty item. If an item is returned as faulty following replacement/repair after six months of use, we may be able to make a reduction in refund value for usage.
When claiming goods as ‘faulty’, the onus is on you, the customer, to bring to our attention that the goods were faulty at the time of purchase rather than being due to misuse, accidental damage or wear and tear. When a claim for faulty goods is made within six months of purchase, we are obliged to assume that any faults were there from the beginning.
Unless there is visible evidence of a manufacturing fault, guarantees do not cover consumable items (e.g. drumsticks, heads, strings etc) or faults caused by accident, neglect, misuse or normal wear and tear. Synthetic drumsticks offering extra durability are subject to conditions set out in their manufacturer’s warranty. You are advised to read and study any information enclosed by the manufacturer to make sure you are aware of any warranty limitations.
Cymbal Warranty Returns
The following statement does not affect your statutory rights; it is a statement indicating how we will deal with cymbal returns in accordance with cymbal manufacturer’s warranties.
Cymbals are not unbreakable; although they do not fall into the category of ‘everyday consumables’ like drum sticks, drum skins or guitar strings, they can be broken by misuse and inappropriate musical application. However, all cymbals sold by ADC Drums come with a manufacturer’s limited warranty against damage caused directly due to a manufacturing fault. We will use this warranty to resolve any issues that may occur within the warranty period.
When you purchase a cymbal from ADC Drums having taken advice from one of our knowledgeable salespersons, we will have made sure that you have been advised to pick the correct cymbal for the musical purpose indicated to us at the time of sale. If you choose to buy a cymbal without consulting our salespersons, we will assume that you are knowledgeable enough to have made your choice of cymbal and it is fit for purpose within your intended musical environment. For example, if you choose a cymbal that the manufacturer has specifically designed for quieter musical situations and you choose to use it in say, a ‘Death Metal’ environment, then your choice of purchase would be considered unsuitable for its intended use. However, this does not mean you waive your consumer rights because you have made an unsuitable cymbal choice. We will use the following procedure to process all cymbals returned to us with breakages within the manufacturer’s warranty period:
- We will ask you to return the cymbal to us for initial in-house assessment. This can be in person or via postal service. We strongly advise that you package any returns with maximum protection. If a cymbal is returned to us with damage due to insufficient/poor packaging, it may render the cymbal’s original damage impossible to assess.
- After making our initial assessment, we will contact the cymbal manufacturer for a warranty replacement. This will involve us returning the cymbal to the manufacturer or the manufacturer’s UK representatives for expert assessment.
- Once your returned cymbal has been assessed by the manufacturer/their representatives, we will receive a damage report indicating whether the breakage has occurred due to a manufacturing fault or, what the manufacturer deems as ‘misuse’.
- If a manufacturing fault is detected, a replacement cymbal will be issued, which we will send to you.
- If the manufacturer cannot find a manufacturing fault responsible for the breakage and report to us a case of ‘misuse’, they will issue a warranty replacement cymbal under cautionary guidance that the user changes the aspect of their cymbal playing technique and/or mounting method in order to achieve increased longevity. It may also be the case that you have chosen a cymbal completely unsuitable for the music you are playing. If this is the case, we will offer you the opportunity to exchange your warranty replacement cymbal with a model that is more suited to the style of music you are playing. This may incur an additional charge, should a more suitable cymbal have a higher price difference than the original model purchased.
ADC Drums are not cymbal manufacturing experts and can act only as retailers. Thus, we will deem any manufacturer’s warranty return decision as ‘final’. If you disagree with their assessment then you are free to challenge their findings at your expense. This will involve at the very least, hiring an independent assessor with expertise in cymbal manufacturing. Any cymbal that breaks beyond its warranty life-span will not be applicable for a warranty replacement and will be deemed to have exceeded its reasonable minimum usage expectancy.
THIS RETURNS POLICY DOES NOT AFFECT YOUR STATUTORY RIGHTS
Second Hand Goods
Consumer protection applies to second-hand/pre-owned goods too, but ‘satisfactory quality’ is taken into account due to the fact that the goods are not new. For instance, a consumer cannot expect the same lifespan from a second-hand cymbal compared to a new one.
These terms and conditions do not affect your legal rights. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.
ADC Drums is the trading name of ADC Drums & Percussion Ltd, 19 Cheapside, Liverpool, L2 2DY. Registered in Cardiff: Registered No 5102884