1. Definitions

1.1

Rubix Drums Ltd – Unit 3 Belvue Road, UB5 5QQ London, also referred to as "we", "us", or "our".

1.2

Goods – One or more of the individual items available for purchase from Rubix Drums Ltd.

1.3

The Customer – The user or end beneficiary of the goods and services offered by Rubix Drums Ltd, also referred to as "you" or "your".

1.4

Backorder – An order for goods that are temporarily out of stock but which Rubix Drums Ltd intends to obtain from a supplier or manufacturer.

1.5

Special Order – An order for goods that Rubix Drums Ltd does not normally hold in stock and which are specifically sourced, ordered, imported, reserved or obtained for a particular customer.

1.6

Custom, Bespoke or Personalised Order – Goods that are produced, prepared, configured, modified or personalised specifically to a customer's individual requirements.

1.7

Force Majeure – Any event beyond Rubix Drums Ltd's reasonable control that prevents the performance of its obligations, including government regulations, fire, flood, terrorism, industrial disputes, supplier failure, transport disruption or any other unforeseeable event.

2. The Contract Between Us

2.1

Any contract for purchases made through the website will be with Rubix Drums Ltd.

2.2

Rubix Drums Ltd must receive full payment for goods ordered before an order can be accepted and the contract formed, unless otherwise agreed in writing.

2.3

Rubix Drums Ltd's acceptance of an order forms a legally binding contract, and any terms imposed by the customer in their order will not form part of the contract unless expressly accepted by Rubix Drums Ltd in writing.

2.4

Rubix Drums Ltd is entitled to withdraw from any contract in case of errors or inaccuracies relating to goods advertised on the website. If there is an error with the advertised price, we will contact the customer as soon as reasonably possible and advise of the correct price and available options.

3. General

3.1

These terms do not affect any statutory rights that cannot legally be excluded or restricted.

3.2

A contract is only formed between Rubix Drums Ltd and the customer once Rubix Drums Ltd has accepted the order.

3.3

All prices quoted are in pounds sterling and include UK VAT unless otherwise stated.

3.4

Prices listed on the website are correct at the time of posting but may change. Errors and omissions excepted.

3.5

All products are subject to availability.

3.6

Products and specifications may change over time, and items may become discontinued.

3.7

If any provision in this agreement is held to be invalid or unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining provisions will remain in force.

3.8

Any variation of this agreement must be made in writing and authorised by Rubix Drums Ltd.

3.9

These terms are governed by the laws of England, and the parties submit to the jurisdiction of the English courts.

3.10

Rubix Drums Ltd reserves the right to change or amend these terms. Changes will not affect orders already accepted unless required by law.

3.11

Rubix Drums Ltd is not responsible for external websites linked to or from the Rubix Drums Ltd website.

4. Prices

4.1

Prices listed on the Rubix Drums Ltd website are correct at the time of posting, subject to errors and omissions.

4.2

Rubix Drums Ltd reserves the right to amend prices at any time.

4.3

Unless otherwise stated, advertised consumer prices include UK VAT at the current applicable rate.

4.4

Unless otherwise stated, quoted delivery charges include UK VAT at the current applicable rate.

4.5

Where an order is subject to an incorrect price due to an obvious pricing or website error, Rubix Drums Ltd reserves the right to contact the customer and correct the error before dispatch.

5. Orders

5.1

Clear instructions are provided on the website for navigating and placing an order.

5.2

Once we receive an order, we may perform a pre-authorisation check on the payment method. Payment will be processed in accordance with the payment method selected and the terms applicable to the transaction.

5.3

All orders are subject to acceptance and availability.

5.4

If Rubix Drums Ltd does not have sufficient stock, the customer may be offered the option to wait for stock, accept an alternative product, or cancel where cancellation is legally available.

5.5

Where the customer accepts a Backorder or Special Order, the provisions of Section 11 apply.

5.6

The customer must ensure that:

• All details provided for the purpose of purchasing goods are correct.
• The payment card or payment method used is authorised for use by the customer.
• There are sufficient funds or credit facilities available to cover the cost of the goods ordered.
• Delivery information supplied to Rubix Drums Ltd is accurate.

6. Methods of Payment

6.1

Rubix Drums Ltd accepts major credit and debit cards, subject to the payment methods displayed at checkout. Direct bank transfers may be accepted by prior arrangement.

6.2

Credit or debit card transactions may require verification. Where applicable, goods may only be dispatched to an address that has passed the required payment and fraud-prevention checks.

6.3

International Bank Transfers: Any fees, currency conversion losses or charges incurred during international refunds may be deducted from the refunded amount where permitted by law and where those costs are attributable to the transaction.

6.4

PayPal: Payments must fully clear before refunds or order processing. Refunds are processed only after funds have been released to Rubix Drums Ltd. Delays caused by PayPal are not Rubix Drums Ltd's responsibility.

7. Delivery, Damage and Title

7.1

We aim to dispatch products held in stock within 5 working days from acceptance of the order, but this is an estimate only.

7.2

Any stated delivery time or date is an estimate unless expressly agreed in writing as a guaranteed delivery date.

7.3

Rubix Drums Ltd is not liable for consequential loss caused by delivery delays, except where liability cannot legally be excluded.

7.4

Notification of shortages or damage should be made in writing as soon as reasonably possible after receipt.

7.5 Delivery Damage – 24 Hour Notification Requirement

The customer has a strict 24-hour period from the recorded time of delivery to notify Rubix Drums Ltd of any damage to the goods or packaging.

Any claim relating to damage occurring during delivery must be reported to Rubix Drums Ltd in writing within this 24-hour notification window.

The customer must provide, at minimum:

• Clear photographs of the outside of the packaging, including all relevant sides and any dents, crushing, tears, punctures or other visible damage.
• Clear photographs of the inside of the packaging, including all protective packaging and packing materials.
• Clear photographs of the damaged goods, including close-up photographs of the damaged area.
• A clear photograph of the delivery/shipping label showing the shipment details.
• A description of the damage and, where possible, when and how the damage was identified.

All original packaging, protective materials, shipping labels and delivery materials must be retained by the customer and must not be discarded, altered or destroyed until Rubix Drums Ltd has confirmed in writing that they are no longer required.

The 24-hour notification period is a strict requirement for any claim relating to delivery or transit damage. Where the customer fails to notify Rubix Drums Ltd within this 24-hour period, fails to provide the required photographic evidence, or disposes of or alters the original packaging before Rubix Drums Ltd has had the opportunity to inspect it, Rubix Drums Ltd reserves the right to reject the claim for delivery or transit damage, as this may prevent Rubix Drums Ltd from establishing the condition of the goods at the time of delivery or pursuing a corresponding claim against the carrier.

The customer is therefore responsible for inspecting the goods and packaging promptly upon delivery and ensuring that any apparent damage is reported within the stated 24-hour period.

7.6 Additional Delivery Insurance

For goods with a value of £50–£100 or above, Rubix Drums Ltd recommends that customers consider taking out additional delivery insurance offered by Rubix Drums Ltd for additional peace of mind and protection against loss or damage in transit.

Where additional insurance is offered and the customer chooses not to take it, the standard delivery terms and applicable carrier liability will apply.

Additional insurance must be requested and paid for before the goods are dispatched. Once the goods have been dispatched, additional insurance cannot normally be added retrospectively.

7.7

Risk in the goods passes to the customer in accordance with applicable law.

7.8

Title to goods passes only when payment has been received in full and cleared, unless otherwise agreed in writing.

7.9

Nothing in this section removes or restricts any statutory rights relating to goods that cannot legally be excluded or restricted.

8. Product Specification

8.1

Goods may be subject to minor variations in dimensions, colour, finish and specifications where such variations are consistent with the manufacturer's normal tolerances.

8.2

Manufacturers may change product specifications, finishes, packaging or components without notice.

8.3

If Rubix Drums Ltd is unable to supply the exact goods ordered, we may offer an alternative of equal or superior specification. If the alternative is not acceptable, the customer's options will be dealt with in accordance with applicable law.

9. Cancellation, Returns and Refunds

9.1

Goods supplied to consumers must comply with applicable statutory requirements, including being as described, of satisfactory quality and fit for purpose where required by law.

9.2

Products are not sold on a trial basis.

9.3

Where a consumer has a statutory right to cancel an online purchase, that right will be dealt with in accordance with applicable UK consumer law.

9.4

Where goods are returned following a valid cancellation or return, the goods must be returned in accordance with the applicable cancellation and returns requirements.

9.5

Where legally permitted, Rubix Drums Ltd may make a deduction from a refund to reflect any reduction in the value of goods caused by handling beyond what would reasonably be permitted to inspect the nature, characteristics and functioning of the goods.

9.6

Any permitted refund will normally be made using the original payment method.

9.7

The customer is responsible for returning goods where applicable, unless Rubix Drums Ltd has agreed otherwise or applicable law requires Rubix Drums Ltd to bear the cost.

9.8

Rubix Drums Ltd is not responsible for goods lost during return shipping where the customer has arranged the return.

9.9

Free gifts or promotional materials supplied as part of an order may be required to be returned where the main goods are returned.

9.10

Pre-recorded media may only be eligible for cancellation or return where applicable law permits and the relevant statutory conditions have been met.

9.11

Nothing in this section limits statutory rights relating to faulty, damaged, misdescribed or incorrectly supplied goods.

10. Secondhand Goods

Strictly Non-Refundable and Non-Returnable for Change of Mind

10.1

Secondhand goods are sold as used goods and may show signs of previous use, wear, ageing, cosmetic marks or other characteristics consistent with their age and condition.

10.2

All secondhand goods are sold as seen, as inspected and as described at the point of sale, subject to the customer's statutory rights.

10.3

The condition of secondhand goods will be described as accurately as reasonably possible.

10.4

The price and condition of secondhand goods will be taken into account when assessing satisfactory quality, as required by applicable law.

10.5

Where a secondhand item has been correctly described and complies with applicable statutory requirements, a customer cannot require a refund simply because they have subsequently changed their mind about the purchase, subject to any statutory cancellation right that applies to the particular transaction.

10.6

Secondhand goods that are sold following physical inspection and collection may be inspected by the purchaser before leaving the premises.

10.7

Where the customer signs a collection receipt confirming receipt and acceptance of the goods, this does not remove any statutory rights that cannot legally be excluded.

11. Backorders and Special Order Items

11.1

Backorders and Special Orders are orders for goods that are not currently held in stock by Rubix Drums Ltd and which are required to be obtained, ordered, imported, reserved or sourced specifically for the customer.

11.2

Where a customer places or expressly accepts a Backorder or Special Order, the customer acknowledges that Rubix Drums Ltd may place an order with its supplier or manufacturer specifically to fulfil that customer's order.

11.3

Before accepting a Backorder or Special Order, Rubix Drums Ltd may provide an estimated availability or delivery time based upon information supplied by the relevant supplier or manufacturer.

11.4

Once Rubix Drums Ltd has accepted a Backorder or Special Order and has placed or committed to the supplier, manufacturer or other third party to obtain the goods specifically for the customer, the customer is committing to purchase those goods.

11.5

The customer cannot cancel such an order simply because they have changed their mind, no longer require the goods, no longer wish to wait for delivery, or have changed their circumstances once Rubix Drums Ltd has committed to the supplier.

11.6

The customer acknowledges that Rubix Drums Ltd may be unable to cancel the supplier order or return the goods and may consequently be left with stock that was purchased specifically to fulfil the customer's order.

11.7

Where Rubix Drums Ltd agrees to accept a cancellation after the order has been placed with the supplier, Rubix Drums Ltd reserves the right to deduct a cancellation charge of up to 25% of the order value from any refund, where legally permitted.

11.8

The cancellation charge is intended to cover the reasonable costs and losses incurred by Rubix Drums Ltd as a direct result of the cancellation, including supplier charges, administration, payment processing, freight, import and customs costs, handling, currency costs and losses associated with stock specifically ordered or reserved for the customer.

11.9

Where Rubix Drums Ltd can reasonably cancel the supplier order or resell the goods, it may do so in order to minimise its loss.

11.10

Where the goods cannot reasonably be cancelled with the supplier or resold by Rubix Drums Ltd, Rubix Drums Ltd reserves the right, where permitted by applicable law, to require the customer to complete the purchase and pay the outstanding balance.

11.11

Any cancellation charge applied will be proportionate to the reasonable costs and losses incurred by Rubix Drums Ltd and will be applied in accordance with applicable UK consumer law.

11.12

By placing or expressly accepting a Backorder or Special Order, the customer confirms that they understand that the goods may be specifically obtained for them and that cancellation after Rubix Drums Ltd has committed to the supplier may result in a cancellation charge or, where permitted by law, the customer remaining liable to complete the purchase.

12. Custom, Bespoke and Personalised Orders

No Change-of-Mind Cancellation

12.1

Custom, Bespoke and Personalised Orders are treated differently from standard stock items and ordinary Backorders.

12.2

Where goods are produced, prepared, configured, modified or personalised specifically to a customer's individual requirements, the customer acknowledges that Rubix Drums Ltd is committing resources, time and costs specifically for that order.

12.3

UK Government guidance specifically identifies personalised and custom-made goods as an exception to the normal 14-day online change-of-mind cancellation right.

12.4

Where the statutory exception applies, the customer does not have the normal 14-day right to cancel simply because they have changed their mind.

12.5

Once Rubix Drums Ltd has accepted a Custom, Bespoke or Personalised Order and has commenced sourcing, production, preparation, configuration, modification or personalisation, the customer cannot cancel the order simply because they have changed their mind, no longer require the goods, no longer want the goods or have changed their circumstances.

12.6

Rubix Drums Ltd is not required to accept cancellation of a Custom, Bespoke or Personalised Order where the applicable statutory cancellation exception applies.

12.7

Where Rubix Drums Ltd agrees, at its discretion, to accept cancellation of a Custom, Bespoke or Personalised Order, Rubix Drums Ltd reserves the right to deduct from any refund the reasonable costs and losses incurred as a direct result of the cancellation.

12.8

Such costs may include supplier costs, manufacturing costs, materials, personalisation, administration, payment processing, freight, import costs and losses arising because the goods were specifically produced, modified or obtained for the customer.

12.9

Where the goods have already been produced, personalised, modified or otherwise completed specifically for the customer, Rubix Drums Ltd may, where permitted by applicable law, require the customer to complete payment and take delivery of the goods.

12.10

By placing a Custom, Bespoke or Personalised Order, the customer expressly acknowledges and accepts that the goods are being produced, prepared or supplied specifically to their requirements and that the normal online 14-day change-of-mind cancellation right may not apply.

12.11

Nothing in this section removes statutory rights relating to goods that are faulty, not as described or otherwise fail to comply with applicable UK consumer law.

13. Force Majeure

13.1

Rubix Drums Ltd shall not be in breach of contract or liable for delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control.

13.2

Such circumstances may include supplier failure, manufacturing delays, transport disruption, customs delays, government action, industrial disputes, fire, flood, natural disasters, war, terrorism, pandemics, shortages of materials or other circumstances beyond Rubix Drums Ltd's reasonable control.

13.3

Where a Force Majeure event occurs, Rubix Drums Ltd will use reasonable efforts to minimise the effect on the customer.

14. Errors and Omissions

14.1

Rubix Drums Ltd makes every reasonable effort to ensure that product descriptions, specifications and prices are accurate.

14.2

In the event of an obvious error or omission, Rubix Drums Ltd reserves the right to correct the error and contact the customer.

14.3

Where a contract cannot reasonably be fulfilled because of an obvious error, Rubix Drums Ltd may cancel the affected order and refund any payment received.

15. Intellectual Property

15.1

Rubix Drums Ltd owns or is licensed to use the copyright, trademarks and other intellectual property appearing on the Rubix Drums Ltd website.

15.2

Website materials may only be used for personal, non-commercial purposes unless written permission has been provided.

15.3

Reproduction, distribution, modification or commercial use of website content without permission is prohibited.

16. Changes to This Agreement

16.1

Rubix Drums Ltd reserves the right to make changes to its website, policies and Terms & Conditions.

16.2

Changes will not affect orders already accepted unless the change is required by law.

16.3

If any provision is found to be invalid or unenforceable, that provision will be limited or removed only to the extent necessary and the remaining provisions will remain effective.

17. International Logistics and Customs

17.1

International shipments may be subject to customs duties, import taxes, VAT, brokerage fees and other charges imposed by the destination country.

17.2

Unless otherwise expressly agreed, these charges are the customer's responsibility.

17.3

If a shipment is refused, undeliverable or returned because the customer refuses to pay applicable duties, taxes, customs charges or delivery fees, any reasonable costs incurred by Rubix Drums Ltd may be deducted from any refund where legally permitted.

17.4

Rubix Drums Ltd is not responsible for delays caused by customs authorities, import procedures or circumstances outside its reasonable control.

17.5

The customer is responsible for ensuring that the goods can legally be imported into the destination country.

18. Consumer Rights

18.1

Nothing in these Terms & Conditions is intended to remove or restrict any consumer right that cannot legally be excluded.

18.2

Where applicable, the customer's statutory rights under UK consumer protection legislation remain unaffected.

18.3

Where a statutory right conflicts with any provision of these Terms & Conditions, the statutory right will prevail to the extent required by law.

18.4

These Terms & Conditions are intended to operate alongside applicable UK consumer legislation, including the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.