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Terms And Conditions

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1. INFORMATION ABOUT US

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www.thisisdrummerboy.com is operated by Drummer Boy UK Ltd (“We”). We are a company registered in England and Wales under company number 09509325 and with our registered office at 93 Peckham High Street, London, SE15 5RS. Our email address is contact@thisisdrummerboy.com.

 

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2. SERVICE AVAILABILITY

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1. Some restrictions are placed on the extent to which we can accept exchanged from countries outside the UK.

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3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

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1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).

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2. After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order, we will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.

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3. As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to exchange your products as seen in the Delivery and Exchange policy.

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4. These terms and conditions, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.

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4. DELIVERY & EXCHANGE

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1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or. For all pre-orders, delivery will take up to 12 weeks and all orders can be collected in store.

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2. Delivery of your order will be complete when we deliver the products to the address you gave us or when you collect your order from our store and the Products will be your responsibility from that time.

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3. You will own the Products once we have received payment in full.

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4. The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your products may vary slightly from those images. Although we have made every effort to display and print the colours of the products accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the products that will be delivered to you.

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6. INTERNATIONAL DELIVERY

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1. If you order Products from us for delivery to a destination outside the UK:

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1. Your order may be subject to import duties and taxes which are applied when it reaches the delivery 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 further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;

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2. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law; and

 

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7. PRICE AND PAYMENT

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1. The price payable for the Products shall be as shown on our site in pounds sterling (GBP), but exclude delivery charges which are payable in addition and shown separately during the checkout process.

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2. We can change the prices on our site at any time without notice, but changes will not affect orders which we have already accepted.

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3. We accept payment by debit card, credit card or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.

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4. You must pay for the products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.

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5. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.

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6. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.

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8. FAULTY PRODUCTS

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1. If you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.

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2. If you consider that any Product we have supplied is faulty or mis-described, please notify us using the contact details set out in section 1. You must return such Products to us in accordance with our reasonable instructions and we can perform the exchange.

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12. OUR RIGHTS TO CANCEL THE CONTRACT

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1. We may end the Contract at any time by writing to you if:

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2. you do not make any payment to us when it is due;

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3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or

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4. you do not, within a reasonable time, allow us to deliver the Products to you.

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13. OUR LIABILITY

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1. If We fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.

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2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.

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3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which we may not exclude or limit our liability under any applicable law.

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14. EVENTS OUTSIDE OUR CONTROL

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1. If an Event Outside Our Control takes place that affects the performance of our obligations under a contract, we will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

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15. INTELLECTUAL PROPERTY RIGHTS

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1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.

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16. OTHER IMPORTANT TERMS

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1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

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2. If we have to contact you, we will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When we refer in these terms and conditions to “in writing”, this includes e-mail.

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3. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.

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4. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

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5. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

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6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

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7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

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8. Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.

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9. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.

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17. AFTER-SALES SERVICE

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1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to contact@thisisdrummerboy.com.

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