Full Terms and Conditions
We thank you for considering purchasing our products and ask that you please consider the following terms of service:
Definitions
1. Company or business means an organisation that exists to sell goods or services to another. The company for the purposes of these terms and conditions is Sweet Deal Drums. Also defined as ‘us’ ‘our’ and ‘we’ for the purposes of these terms and conditions, privacy policy and cookie policy.
2. Customer means an individual or business that purchases goods or services from another business/company. The customer for the purposes of these terms and conditions is any individual who undertakes purchases our products. Also defined as ‘you’ ‘your’ and ‘user’ for the purposes of these terms and conditions, privacy policy and cookie policy.
3. Contract means the legally binding agreement between you and us for the supply of our products upon the point of purchase by you.
4. Delivery Location means the premises chosen by you or any other location as instructed by you where the products are to be supplied.
5. Distance Contract means a contract concluded between a supplier and a customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the supplier and the customer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
6. Order means the selection of our products by you as submitted to us, following the step-by-step e-commerce process situated on our website performed by you.
7. Privacy Policy means the terms concerning how we deal with confidential and personal information/data we receive from you via our website or other means.
8. Products means the goods advertised on our website that we supply to you of the number and description as set out in the order you make.
9. Website means www.sweetdealdrums.com on which the products are advertised.
10. Writing means any medium that allows information to be addressed personally to the recipient and includes emails.
Application
11. These terms and conditions apply to the purchase of our products by you, supplied by us. You can contact us, by writing to sweetdealdrums@gmail.com or using the ‘contact us’ button on our website.
12. These are the terms for which we sell all our products to you. By ordering any of our products, you agree to be bound by these terms and conditions. You can only purchase products from the website if you are eligible and consenting to enter into a distance contract.
Personal Information
13. We retain and use your personal information in strict accordance with our privacy policy.
14. The various methods of communication we use with you are Facebook (Meta) ‘Messenger’ service, Instagram, Whats App, SMS, telephone or via your postal address if we have these details and contact by other means has been unsuccessful.
Products
15. We have a legal duty to supply products that conform to their description, are reasonably fit for purpose and are of satisfactory quality.
16. Unless specified, all our products are to be considered new.
17. The images and descriptions of the products on our website or other marketing materials are for illustrative purposes only. Although we have made every effort to accurately display and describe our products, there may be small discrepancies with the attributes of the products supplied. For example, the appearance of drumsticks due to using materials that are naturally grown and there being no control over differing biological characteristics such as organic distinctiveness in colour and grain form.
18. We reserve the right to add, remove and alter product images from our website at any time.
19. On physical receipt of our products you should unpack and inspect your order immediately on delivery. We must be notified of any damage or if the products are not in accordance with the order, with a report and photographic evidence sent to us by email as soon as possible following delivery. If you wish to reject defective products you must return them to us to the address notified to you, or allow us to collect them, in each case, at your cost (unless otherwise agreed).
20. Upon purchasing any drumsticks, it is reasonably expected that when used in the normal conditions of playing drums and cymbals, they will be subject to wear and have their points of failure in due course; whether expected or unexpected. Intense and pro-longed periods of playing will also lead to a greater risk of wear and higher rate of breakdown in function.
21. You agree that we (or our appointed agents) may examine and test any products that are claimed to be defective to establish whether those defects are our responsibility. Where we need to send the products away for examination and testing, then you will permit us (or our agents) to collect them from you for that purpose.
22. When we are satisfied that the products do not conform with the contract; are not fit for purpose; or are not of satisfactory quality you will be offered a replacement or full refund of the original purchase price. This will include both the cost of initial delivery and for the return of the products, except for supplementary costs arising if you choose a type of delivery other than, or equivalent to, our standard and least expensive method of delivery at the time the order was made or when returning the products. Any refund will be credited to the method of payment you originally used to pay for the products. The final decision on establishing whether our products do not conform to the contract, i.e. not fit for purpose or are not of satisfactory quality, lies with us.
23. Bespoke Cymbals are exclusively and specifically made for each individual customer and as such require a minimum non-refundable 50% deposit for each placed order.
Cymbals generally take 6-10 weeks to produce from date of order to their arrival in the UK. Once they have arrived in the UK you will be notified and the outstanding balance must be paid in full within 14 days prior to them being shipped to you.
24. If any cymbal(s) ordered are already 'in stock’ in the UK you will be notified and offered an option of immediate delivery of each available cymbal whilst awaiting any outstanding cymbal(s) to complete your order. Any cymbals offered and accepted for immediate dispatch as part of your order must be paid for in full prior to shipping.
25. ‘In Stock’ cymbals can usually be shipped within 3-5 working days (subject to availability). All 'In Stock' cymbals must be paid for in full prior to shipping.
Basis of Sale
26. The description of the products on our website does not constitute a contractual offer to sell the products. When an order has been submitted on our website, we reserve the right to reject it for any reason, although we will try to tell you the reason without delay. This includes any promotional deals offered on our website and/or any promotional deals offered by other means such as exhibitions, shows and any other arrangements by us.
27. The order process is set out on the website. Each step allows you to check and amend any errors before submitting your order. It is your responsibility to check that you have used the ordering process correctly.
28. A contract will be formed for the sale of products ordered only when you receive an email from us confirming the order (order confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the contract by means of an email. You will receive the order confirmation within a reasonable time after making the contract, but not later than the delivery of any products supplied under the contract.
29. Any quotation is valid for a maximum period of 30 days from its date unless we expressly withdraw it at an earlier time. We reserve the right to alter the quotation in lieu of any unforeseen factors not present at the time of the original quotation.
30. No variation of the contract, whether about description of the products, fees or otherwise, can be made after it has been entered into unless the variation is agreed by you and us in writing.
Price and Payment
31. The price of products and any additional delivery or other charges is that which has been set out on our website on the date of the order, or such other price that we may have agreed to in writing.
32. We are not registered for VAT, so prices and charges do not include VAT.
33. We accept payment via credit and debit cards using Stripe, a secure payment processing gateway. Payment can also be made via PayPal or bank transfer to our account. If you wish to pay by cash, then you must contact us to make arrangements. In person payments can also be made via SumUp.
Delivery
34. Drumsticks - Our standard delivery is set at £3.80 per order irrespective of quantity and we use Royal Mail 2nd class. Please note this is the standard service and only offers a maximum of £20 compensation in the event of non-delivery. We also offer the Royal Mail 2nd class ‘signed for’ service for £4.80 per order which offers maximum compensation of £50. We may also use a courier service to deliver your order, details of which you will be informed of prior to dispatch from us. We ask that 3-5 working days are allowed for arrival of your items once you have been notified of them being shipped unless otherwise stated.
35. Cymbals - Delivery will be via a Royal Mail or courier service and can be delivered to either a home address or work address. Any re-deliveries are at the complete discretion of the courier service. The customer is fully responsible for contacting the courier service to arrange re-delivery and any additional charges incurred.
36. Only cymbals which have had the balance paid in full are then subsequently shipped to the customer. Failure to forward the outstanding balance within 14 days of notification will forfeit your order including any deposit(s) paid. Your cymbal/s will then become the sole property of Sweet Deal Drums and will be offered on open sale at the full R.R.P. 48 hours after the expiry of the 14 day balance payment period.
37. ALL deliveries to Northern Ireland are subject to additional fees and are not eligible for overnight delivery.
38. If you require an alternative shipping method (e.g. next day delivery, Saturday morning delivery, etc) or wish to arrange your own shipping services, including personal collection from our Leeds premises, then please contact us to make arrangements.
39. Products will be delivered to the delivery location by the time or within the agreed period or failing any agreement, without undue delay and not more than 30 days after the day on which the contract is entered into.
40. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
41. If we accept an order for delivery to an address outside the United Kingdom, you agree to pay any delivery charges, import duties or taxes applicable to the delivery destination.
42. If you or your nominee fail, through no fault of ours, to take delivery of the products at the delivery location, we may charge any reasonable costs of storing and redelivering them.
43. The products will become your responsibility on completion of delivery or once you have acquired physical possession. You must, if reasonably practicable, examine the products before accepting them. Risk of damage to, or loss of, any products will pass to you once the products are in your possession.
Your Right To Cancel
44. This is a distance contract which has cancellation rights that have been set out below. However, these cancellation rights do not apply to personalised or commissioned products that are made to your specifications such as custom printing of our standard ‘off the shelf’ drumsticks; (ii) and/or custom designed drumsticks produced by us to your specified dimensions and/or custom cymbals.
45. You have the right to cancel your order for any reason and at any time between placing the order and within 14 days of accepting delivery and acquiring physical possession of the products.
46. Any deposits made are non-refundable.
47. To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement in writing.
48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
49. If you wish to cancel an order you must return the products to us, at your cost (unless otherwise agreed) to the address notified to you. The cancelled products must be dispatched to us within 14 days after the day on which you inform us of your decision to cancel the contract.
50. We are entitled to deduct an amount from the refund to reflect any loss in value of the products supplied, especially if the loss is the result of unnecessary handling of the products by you.
51. Provided you have complied with all of your obligations in respect of returning products, we will reimburse the cost of the products no later than 14 days after we have received your return.
52. The refund will include the cost of the initial delivery of the products, except for any supplementary costs arising if you chose a type of delivery other than our standard and least expensive method of delivery at the time the order was made. The refund will be credited to the debit card, credit card, or bank account you used to pay for the products.
53. The return of products that are not made subject to your legal rights are at our sole discretion.
Warranty
54. No warranty is offered on drumsticks.
55. Cymbal Warranty - Cymbals are guaranteed for 12 months from date of original purchase. Exceptions to this are ‘Clearance/Ex-demo’ cymbals which have a warranty period of 9 months or unless otherwise stated.
56. If a fault is discovered with your cymbal then you must contact Sweet Deal Drums as soon as possible. To make a claim under our warranty you must adhere and accept the following process:
(1) You take a photograph of the fault.
(2) Mark the area of fault and forward the image(s) via email to sweetdealdrums@gmail.com with an explanation of the issue(s).
57. If upon inspection Sweet Deal Drums deem your cymbal to be faulty due to a manufacturing process, then we will forward you a replacement subject to the following terms –
(1) The faulty cymbal is sufficiently packaged by you to prevent any further damage on it's return to us.
(2) The cost and responsibility of returning the faulty cymbal/s to Sweet Deal Drums is undertaken by you and we strongly suggest a recorded delivery method of carriage. Sweet Deal Drums does not accept responsibility for any items damaged or lost in transit
(3) You accept that in view of all our cymbals being produced individually handmade to order, if a replacement cymbal is offered and not in stock then it will be required to be manufactured and forwarded. A 'loan stock' alternative cymbal may be offered as a replacement for your faulty cymbal at the discretion of Sweet Deal Drums whilst the replacement cymbal is being produced.
(4) No alternative model or size of cymbal will be offered as a replacement unless at the discretion of Sweet Deal Drums
(5) All replacement cymbals are covered for the remaining period of the original 12 or 9 month warranty ONLY and do not qualify for a new 12 or 9 month period.
58. A claim under the warranty cannot be made if the fault reported is due to the following conditions
(1) The 12 or 9 month date of warranty has expired
(2) If upon inspection it is deemed that cracks and/or splits have developed as a result of function misuse, disproportionate treatment or any improper handling
(3) Key holing due to incorrect mounting
(4) Logo fade
(5) The cymbal was not originally purchased directly from Sweet Deal Drums by you
59. Our liability under this warranty is limited to repairing, replacing or issuing credit at the discretion of Sweet Deal Drums for products which are deemed defective within the warranty period as outlined. Determination as to whether a product is defective/faulty as a result of a manufacturing process rests with Sweet Deal Drums and their decision is final.
60. In no event will Sweet Deal Drums be responsible or liable for any consequential or special damages.
Third Parties
61. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Excluding Liability
62. We do not exclude liability for any fraudulent act or omission, or for death or personal injury caused by negligence or breach of our legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the contract was made.
Data Protection
63. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
64. These terms and conditions should be read alongside and are in addition to any other policies we publish, including our Privacy Policy and Cookie Policy.
65. We are a data controller of the personal data we process in providing our highest quality products and professional services to you.
66. Where you supply personal data to us, we process that personal data in the course of providing our products and services to you, in line with obligations imposed on us by current data protection Laws. Before or at the time of collecting personal data, we will identify the purposes for which information is being collected; we will only process personal data for the purposes identified; we will respect your rights in relation to your personal data; and we will implement technical and organisational measures to ensure your personal data is secure.
67. For any enquiries or complaints regarding data privacy, please write to sweetdealdrums@gmail.com adding ‘Data Protection’ to the subject line.
Governing Law and Jurisdiction
68. The contract (including any non-contractual matters) is governed by the law of England and Wales.
69. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, if you live in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
Complaints
70. We try to avoid any dispute wherever and resolve any issues swiftly. If a dispute occurs customers should contact us where we will aim to offer an appropriate solution within 5 working days.
71. Any unresolved disputes between you and us concerning the service we have provided, can be submitted to qualified business mediators or the jurisdiction of the courts of England and Wales or, if you live in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
Promotions
72. We reserve the right to offer, amend, alter and withdraw any promotional deals and discount codes offered on our website and/or any promotional deals including discount codes offered by other means such as exhibitions, shows and any other arrangements by us including partner/artist affiliate deals.
These Terms and Conditions were last updated on 31st January 2023 (Version v1)