TERMS AND CONDITIONS OF SALE
THESE TERMS AND CONDITIONS APPLY TO ALL TRANSACTIONS ON THIS SITE. PLEASE READ THEM CAREFULLY. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AND BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HERE.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE RUBIX DRUMS LTD WEBSITE.
1. DEFINITIONS
1) RUBIX DRUMS LTD, UNIT 3 BELVUE ROAD, UB5 5QQ LONDON ALSO REFERRED TO AS “WE” OR “US” OR “OUR” IN THESE TERMS AND CONDITIONS.
2) GOODS RELATE TO THE ONE OR SEVERAL OF THE INDIVIDUAL ITEMS AVAILABLE FOR PURCHASE ON THE RUBIX DRUMS LTD WEBSITE.
3) THE CUSTOMER IS THE USER AND OR END BENEFICIARY OF THE GOODS AND SERVICES OFFERED BY RUBIX DRUMS LTD ALSO REFERRED TO AS “YOU”
4) “FORCE MAJEURE” MEANS ANY CAUSE AFFECTING THE PERFORMANCE BY RUBIX DRUMS LTD OF ITS OBLIGATIONS ARISING FROM ACTS, EVENTS, OMISSIONS AND SITUATIONS BEYOND ITS REASONABLE CONTROL INCLUDING (BUT NOT LIMITED TO) GOVERNMENTAL REGULATIONS, FIRE, FLOOD, TERRORIST INCIDENT OR ANY DISASTER OR INDUSTRIAL DISPUTE AFFECTING A THIRD PARTY.
2. THE CONTRACT BETWEEN US
ANY CONTRACT FOR PURCHASES MADE THROUGH THE WEBSITE WILL BE WITH RUBIX DRUMS LTD. RUBIX DRUMS LTD MUST RECEIVE PAYMENT OF THE WHOLE OF THE PRICE FOR THE GOODS THAT YOU ORDER BEFORE YOUR ORDER CAN BE ACCEPTED, AND THE CONTRACT FORMED. RUBIX DRUMS LTD.’S ACCEPTANCE OF YOUR ORDER BRINGS INTO EXISTENCE A LEGALLY BINDING CONTRACT BETWEEN US ON THESE TERMS. ANY TERM SOUGHT TO BE IMPOSED BY YOU IN YOUR ORDER WILL NOT FORM PART OF THE CONTRACT. RUBIX DRUMS LTD IS ENTITLED TO WITHDRAW FROM ANY CONTRACT IN THE CASE OF ERRORS OR INACCURACIES REGARDING GOODS APPEARING ON THE RUBIXGROUP.COM LTD WEBSITE. IF AN ERROR OR INACCURACY IS DISCOVERED WITH REGARDS TO THE ADVERTISED PRICE OF THE GOODS THAT YOU HAVE ORDERED, WE WILL CONTACT YOU AS SOON AS POSSIBLE BY E-MAIL. THIS WILL BE TO INFORM YOU OF THE CORRECT PRICE OF THE GOODS AND TO ASK YOU IF YOU WISH TO CONTINUE WITH THE ORDER AT THE AMENDED PRICE OR TO CANCEL THE ORDER ALTOGETHER.
3. GENERAL
A) NO PART OF THESE TERMS AND CONDITIONS AFFECTS THE CUSTOMERS’ STATUTORY RIGHTS.
B) A CONTRACT WILL NOT BE FORMED BETWEEN RUBIX DRUMS LTD AND THE CUSTOMER UNTIL RUBIX DRUMS LTD AGREES TO ACCEPT ANY ORDER FROM A CUSTOMER.
C) ALL PRICES QUOTED ARE SHOWN IN POUNDS STERLING AND EXCLUDE THE CURRENT RATE OF UK VAT
D) ALL PRICES QUOTED ARE CORRECT AT THE TIME OF POSTING, ERRORS AND OMISSIONS EXCEPTED AND WE REFUSE THE RIGHT TO REFUSE ANY ORDER.
E) ALL PRODUCTS ARE SUBJECT TO AVAILABILITY.
F) WHILST WE HAVE MADE EVERY EFFORT TO LIST PRODUCTS WHICH WILL REMAIN AVAILABLE FOR A SIGNIFICANT PERIOD OF TIME, PRODUCTS AND SPECIFICATIONS MAY CHANGE WHICH MAY LEAD TO SOME PRODUCTS BECOMING DISCONTINUED.
G) IF ANY PROVISION IN THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, IT SHALL BE DEEMED SEVERED FROM THE AGREEMENT AND THIS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS.
ANY WAIVER OF A BREACH OF THIS AGREEMENT MUST BE IN WRITING.
H) ANY VARIATION OF THIS AGREEMENT MUST BE IN WRITING AND SIGNED BY A DULY AUTHORISED RUBIX DRUMS LTD DIRECTOR.
I) THE HEADINGS OF THESE TERMS AND CONDITIONS ARE FOR CONVENIENCE ONLY AND SHALL NOT AFFECT THE INTERPRETATION OF THIS AGREEMENT.
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.
J) RUBIX DRUMS LTD RESERVES THE RIGHT TO CHANGE OR AMEND THESE TERMS AND CONDITIONS AT ANY TIME AND WITHOUT PRIOR NOTICE.
K) RUBIX DRUMS LTD IS NOT RESPONSIBLE FOR ANY EXTERIOR WEBSITES LINKED TO RUBIX DRUMS LTD.
4. PRICES
A) PRICES LISTED WITHIN THE RUBIX DRUMS LTD SITE ARE CORRECT AT THE TIME OF POSTING (E&OE)
B) RUBIX DRUMS LTD RESERVES THE RIGHT TO AMEND ANY PRICE AT ANY TIME
C) ALL QUOTED PRICES INCLUDE UK VAT AT THE CURRENT RATE
D) ALL QUOTED DELIVERY CHARGES INCLUDE UK VAT AT THE CURRENT RATE
5. ORDERS
A) CLEAR INSTRUCTIONS ARE GIVEN TO NAVIGATE THROUGH THE RUBIX DRUMS LTD SITE AND ORDER FORM
B) UPON RECEIVING YOUR ORDER RUBIX DRUMS LTD CARRIES OUT A STANDARD PRE-AUTHORISATION CHECK ON YOUR PAYMENT CARD THROUGH SAGE PAY TO ENSURE THERE ARE SUFFICIENT FUNDS IN ORDER TO FULFIL THE TRANSACTION. NO PAYMENT IS DEBITED FROM YOUR CARD DURING THIS PRE-AUTHORISATION CHECK. ONCE AUTHORISED THE FULL AMOUNT OF THE TRANSACTION WILL BE DEBITED FROM YOUR CARD AND THE GOODS DESPATCHED SUBJECT TO AVAILABILITY.
C) ALL ORDERS ARE SUBJECT TO ACCEPTANCE AND AVAILABILITY OF THE GOODS ORDERED. RUBIX DRUMS LTD IS ENTITLED TO REFUSE ANY ORDER PLACED AT ANY TIME. IF RUBIX DRUMS LTD HAS INSUFFICIENT STOCK TO SUPPLY THE ORDERED GOODS, WE WILL NOTIFY YOU AS SOON AS POSSIBLE. IF A SHORT DELAY PRIOR TO SHIPPING IS ACCEPTABLE THEN THE CARD WILL REMAIN DEBITED AND THE GOODS SHIPPED WHEN IN STOCK. IF HOWEVER, THE NEW QUOTED LEAD TIME IS UNACCEPTABLE ANY SUM DEBITED BY RUBIX DRUMS LTD FROM YOUR CREDIT CARD WILL BE RE-CREDITED TO YOUR ACCOUNT. THE REFUND WILL BE MADE IMMEDIATELY. RUBIX DRUMS LTD WILL NOT BE OBLIGED TO OFFER ANY ADDITIONAL COMPENSATION FOR DISAPPOINTMENT SUFFERED.
D) THE CUSTOMER MUST UNDERTAKE THAT A) ALL DETAILS PROVIDED FOR THE PURPOSE OF PURCHASING GOODS OFFERED ON OUR WEBSITE ARE CORRECT B) THE CREDIT OR DEBIT CARD USED TO MAKE A PURCHASE FROM RUBIX DRUMS LTD IS THE CUSTOMER’S OWN CARD, THE CARD IS REGISTERED TO THE USERS ADDRESS AND THAT THE CUSTOMER IS AUTHORISED TO USE THE CARD. IT IS ALSO THE RESPONSIBILITY OF THE CUSTOMER THAT THERE ARE SUFFICIENT FUNDS OR CREDIT FACILITIES AVAILABLE ON ANY CARD TO COVER THE COST OF ANY GOODS ORDERED.
6. METHODS OF PAYMENT
RUBIX DRUMS LTD ACCEPTS ALL MAJOR CREDIT OR DEBIT CARDS (EXCEPT AMERICAN EXPRESS OR DINERS CLUB). WE CAN ALSO, BY PRIOR ARRANGEMENT, ACCEPT DIRECT BANK TRANSFER PAYMENTS. CREDIT CARD TRANSACTIONS WILL REQUIRE THE EXPIRY DATE AS WELL AS THE CARD NUMBER AND POSSIBLY OTHER SECURITY QUESTIONS. GOODS CAN ONLY BE SENT TO THE CARD HOLDER’S ADDRESS WHICH IS VERIFIED PRIOR TO DESPATCH.
7. DELIVERY AND TITLE
A) WE WILL STRIVE TO DESPATCH PRODUCTS IN STOCK WITHIN 5 WORKING DAYS FROM THE POINT OF ORDER BUT RESERVE THE RIGHT TO AMEND THIS TIME FRAME DUE TO UNFORESEEN CIRCUMSTANCES.
B) ANY TIME OR DATE STATED FOR DELIVERY IS AN ESTIMATE ONLY.
C) RUBIX DRUMS LTD MAKES EVERY EFFORT TO DESPATCH GOODS WITHIN THE STATED TIME BUT DOES NOT ACCEPT LIABILITY OR RESPONSIBILITY FOR ANY CONSEQUENTIAL LOSS CAUSED TO THE CUSTOMER.
D) RUBIX DRUMS LTD DOES NOT ACCEPT LIABILITY FOR SHORTAGES OR DAMAGE TO DELIVERIES UNLESS THE CUSTOMER NOTIFIES RUBIX DRUMS LTD OF THE SHORTAGE OR DAMAGE IN WRITING WITHIN 7 DAYS OF RECEIPT OF THE DELIVERY.
E) DELIVERY HAS DEEMED TO HAVE TAKEN PLACE WHEN THE GOODS ARE DELIVERED TO THE CUSTOMER’S NOMINATED ADDRESS, WHEREUPON THE RISKS OF LOSS, BREAKAGE AND ALL DAMAGE AND ALL OTHER RISKS SHALL PASS TO THE CUSTOMER.
F) TITLE OF THE GOODS DOES NOT PASS TO THE CUSTOMER UNTIL PAYMENT IS RECEIVED IN FULL BY RUBIX DRUMS LTD WITH CLEARED FUNDS.
8. PRODUCT SPECIFICATION
A) RUBIX DRUMS LTD MAKES EVERY EFFORT TO SUPPLY THE GOODS AS ADVERTISED BUT RESERVES THE RIGHT TO SUPPLY THE GOODS SUBJECT TO MINOR VARIATIONS IN ACTUAL DIMENSIONS AND SPECIFICATIONS
B) IF RUBIX DRUMS LTD CANNOT SUPPLY THE GOODS ORDERED BY THE CUSTOMER, RUBIX DRUMS LTD RESERVES THE RIGHT TO OFFER GOODS OF EQUAL OR SUPERIOR QUALITY AT NO EXTRA COST. IN SUCH A CASE, IF THE CUSTOMER DOES NOT WISH TO ACCEPT THE ALTERNATIVE GOODS OFFERED, HE OR SHE MAY CANCEL THE ORDER AND REQUIRE THE REFUND OF ANY MONEY PAID TO RUBIX DRUMS LTD IN RESPECT OF THAT ORDER.
9. CANCELLATION, RETURNS AND REFUNDS
RUBIX DRUMS LTD IS COMMITTED TO PROVIDING ALL ESTABLISHMENTS WITH THE HIGHEST QUALITY PRODUCTS AND SERVICE. HOWEVER, ON RARE OCCASIONS PRODUCTS MAY BE DEFECTIVE OF DEEMED UNSUITABLE ON THE RECEIPT FOR THE REQUIRED USE. SHOULD THIS BE THE CASE THE FOLLOWING SHALL APPLY:
A) ALL PRODUCTS SUPPLIED FROM RUBIX DRUMS LTD ARE WARRANTED TO BE GENERALLY FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS AND FIT THE DESIGNED PURPOSE.
B) SUBJECT TO THE RIGHT OF CONSUMERS TO RETURN GOODS FOR REFUND RUBIX DRUMS LTD DOES NOT SELL PRODUCTS ON A TRIAL BASIS. HOWEVER, RUBIX DRUMS LTD DOES ACCEPT THAT DUE TO THE NATURE OF THE PRODUCTS SOLD, THERE HAS TO BE SOME FLEXIBILITY WITH REGARDS TO THE SUITABILITY OF THE PRODUCT PURCHASED.
C) IN THE EVENT THAT THE CUSTOMER IS FOR ANY REASON UNHAPPY WITH THEIR PURCHASE, THE CUSTOMER WILL BE ENTITLED TO RETURN THE GOODS WITHIN 7 DAYS OF DELIVERY OR COLLECTION.
A REFUND OR CREDIT NOTE WILL BE APPLIED AND RUBIX WILL CHRAGE A RESTOCKING FEE OF 10% AND ANY BANKING or PLATFORM FEES ASSOCIATED WITH THE TRANSACTION E.G REVERB, SELLER FEES, PAYPAL FEES.)
THE PRODUCT MUST BE COMPLETE, UNUSED AND IN ‘AS NEW’ CONDITION (E.G. IF THE PACKAGING HAS BEEN OPENED THE PRODUCT MUST NOT BE MARKED IN ANY WAY) THE PRODUCT SHOULD BE RETURNED WITH THE ORIGINAL BOX, PACKING AND ACCESSORIES. RUBIX DRUMS LTD RESERVES THE RIGHT TO REFUSE OR REDUCE A REFUND OR CREDIT NOTE (TO COVER FEES AND COSTS) ON SECOND HANDS ITEMS, SPECIFICALLY ORDERED ITEMS, BESPOKE INSTRUMENTS OR CUSTOM ORDERS REGARDLESS OF WHETHER A DEPOSIT HAS BEEN TAKEN AT THE POINT OF ORDER, AS WELL AS IN THE CASE OF THE RETURN OF AN ITEM WHICH IS INCOMPLETE, USED, NOT IN 'AS NEW' CONDITION OR WITHOUT ITS ORIGINAL PACKAGING.
D) PRE-RECORDED VIDEO TAPES AND DVDS MUST BE SEALED IN THEIR ORIGINAL PACKAGING. ANY DVD OR VIDEOTAPE NOT SEALED AND IN ITS ORIGINAL PACKAGING WILL NOT BE SUBJECT TO A REFUND.
E) ANY ‘FREE GIFTS’ OR OTHER PROMOTIONAL MATERIAL RECEIVED WITH THE PRODUCT MUST ALSO BE RETURNED
F) THE GOODS MUST ALSO BE ACCOMPANIED BY THE ORIGINAL RECEIPT/INVOICE AND PAPERWORK
G) ONCE THE GOODS HAVE BEEN RECEIVED AND THEN CHECKED AND CLEARED FOR DAMAGE, A CREDIT FOR THE VALUE OF THE GOODS WILL BE REFUNDED USING THE SAME PAYMENT METHOD AS THE ORIGINAL PURCHASE, UNLESS ARRANGED OTHERWISE. RUBIX DRUMS LTD REGRETS THAT UNLESS THE RETURN IS FOR ANY REASON OTHER THAN DAMAGE IN TRANSIT, A REFUND ON THE ORIGINAL POSTAGE IS NOT POSSIBLE.
H) IT IS THE CUSTOMER’S RESPONSIBILITY TO RETURN ANY PRODUCTS TO RUBIX DRUMS LTD AND WE STRONGLY ADVISE THAT THE CUSTOMER SHOULD EITHER RETURN THE GOODS PERSONALLY OR BY REGISTERED POST. I) RUBIX DRUMS LTD CANNOT ACCEPT ANY RESPONSIBILITY FOR ANY GOODS LOST OR MISLAID BY ANY THIRD PARTY WITH THE INTENT TO RETURN FOR REFUND.
J) RUBIX DRUMS LTD CANNOT ACCEPT RESPONSIBILITY FOR RETURNED PACKAGES DAMAGED DURING TRANSIT AND RESERVES THE RIGHT TO REFUSE A REFUND ON THIS BASIS. IT IS THE CUSTOMERS’ RESPONSIBILITY TO WRAP THE PRODUCT ADEQUATELY TO PREVENT DAMAGE.
10. BACKORDERS
IF THE CUSTOMERS’ REQUESTED ITEM IS NOT IN STOCK, THE CUSTOMER WILL BE INFORMED. EITHER AN ALTERNATIVE ITEM WILL BE SUGGESTED OR THE CUSTOMER WILL BE GIVEN THE OPPORTUNITY TO WAIT UNTIL THE ITEM IS IN STOCK, OR REQUEST A REFUND. IF THE CUSTOMER WISHES THE ORDER TO BE SENT INCOMPLETE, THE MISSING ITEMS WILL BE SENT TO THE CUSTOMER WHEN IN STOCK USING OUR STANDARD POSTAL CHARGES. BACK-ORDERED ITEMS ARE NOT CHARGED UNTIL THEY DESPATCHED
11. FORCE MAJEURE
WHERE, IN SPITE OF REASONABLE EFFORTS RUBIX DRUMS LTD IS UNABLE TO PERFORM AN OBLIGATION DUE TO FORCE MAJEURE, IT SHALL NOT BE DEEMED TO BE IN BREACH OF CONTRACT WITH THE CUSTOMER.
12. ERRORS AND OMISSIONS
RUBIX DRUMS LTD MAKES EVERY EFFORT TO ENSURE THAT ALL PRICES AND DESCRIPTIONS QUOTED ON ITS WEBSITE AND IN ITS LITERATURE ARE CORRECT AND ACCURATE. HOWEVER, IT IS POSSIBLE THAT MISTAKES WILL OCCASIONALLY OCCUR. IN THE CASE OF A SHIPPING ERROR OR OMISSION, RUBIX DRUMS LTD WILL BE ENTITLED TO RESCIND THE CONTRACT, NOTWITHSTANDING THAT IT HAS ALREADY ACCEPTED THE CUSTOMER’S ORDER AND/OR RECEIVED PAYMENT FROM THE CUSTOMER. RUBIX DRUMS LTD’S LIABILITY IN THAT EVENT WILL BE LIMITED TO THE RETURN OF ANY MONEY THE CUSTOMER HAS PAID IN RESPECT OF THE ORDER. IN THE CASE OF A PRICING ERROR, THE CUSTOMER WILL BE ENTITLED TO PURCHASE THE GOODS BY PAYING THE DIFFERENCE BETWEEN THE QUOTED PRICE AND THE CORRECT PRICE, AS CONFIRMED IN WRITING BY RUBIX DRUMS LTD AFTER THE PRICING ERROR HAS BEEN DISCOVERED
13. THIS WEBSITE
RUBIX DRUMS LTD OWNS THE COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN ALL MATERIAL AND CONTENT ON THIS WEBSITE, WHICH YOU MAY USE, DOWNLOAD, COPY, PUBLISH, TRANSMIT OR OTHERWISE MAKE AVAILABLE BY ANY OTHER MEANS ONLY FOR YOUR OWN PERSONAL, NON–COMMERCIAL USE. ANY OTHER USE OR REPRODUCTION OF THE MATERIAL OR CONTENT IS STRICTLY PROHIBITED. YOU MAY NOT CREATE ANY LINK TO THIS WEBSITE WITHOUT PRIOR WRITTEN CONSENT, NOR MAY YOU RESTRICT OR INHIBIT THE USE OR ENJOYMENT OF IT BY ANYONE ELSE. WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE RUBIX DRUMS LTD WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. WE MAKE NO WARRANTY THAT THE RUBIX DRUMS LTD WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, AND RELIABILITY OF THE WEBSITE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE RUBIX DRUMS LTD WEBSITE.
14. CHANGES TO THIS AGREEMENT
RUBIX DRUMS LTD RESERVES THE RIGHT TO MAKE CHANGES TO OUR SITE, POLICIES, AND THESE TERMS AND CONDITIONS AT ANY TIME. IF ANY OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNFORESEEN, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.