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Modern Drummer Legends

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Modern Drummer Publications Reference Book Book [Softcover] Reference Book

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Terms and conditions

Musicroom Terms and Conditions

1. Our terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us.

These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1 Who we are. Musicroom.com is a trading name of Music In Print Limited, a company registered in England and Wales. Our company registration number is 01250515 and our registered office is at 130 Shaftesbury Avenue, London, United Kingdom, W1D 5EU. Our registered VAT number is 287369840.

2.2 How to contact us. You can contact us by telephoning our Customer Support team at +44 (0)1284 725 725, or by writing to us at info@musicroom.com. You can also see the status of your order by going to your online account.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. When you place your order, we will acknowledge it by e mail. This acknowledgment does not mean that your order has been accepted by us. Our acceptance of your order will take place when we email you to let you know that the products have been dispatched, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we cannot authorise your payment, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on your device accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. What changes can be made

5.1 Our right to make changes. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; or

(b) to implement minor technical adjustments and improvements.

6. Providing the products

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website. Shipments outside the European Union (EU) may be subject to local import charges and taxes, which are your responsibility. Shipments to some countries within the European Union (EU) are subject to local tax. Where this is the case, these charges are calculated during the purchasing process.

6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

6.3 We are not responsible for delays outside our control. 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.

6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will be contacted to inform you of how to rearrange delivery of the products.

6.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.

6.6 When you become responsible for the products. Products will be your responsibility from the time we deliver the product to the address you gave us.

6.7 When you own products. You own a product once we have received payment in full.

6.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

6.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the supply of product for longer than 14 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product.

6.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments.

7. Your rights to end the contract

7.1 You can end your contract with us for the reasons set out in this section. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back) (see clause 11);

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.4;

(c) If you have just changed your mind about the product, see clause 7.5. You will be able to get a refund, but this may be subject to deductions and you will have to pay the costs of return of any products.

7.2 When you receive the products we encourage you to check the products for defects or discrepancies as soon as possible and advise us of any defect or discrepancy promptly. If you are able to send us a description of the fault (for example, with a photo) to info@musicroom.com, that is very helpful for our internal processes.

7.3 Where faulty or damaged products are returned, we ask that they are returned in their original packaging. To benefit from our goodwill guarantee, products must be returned unopened (please see 7.6 below).

7.4 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.1);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e) you have a legal right to end the contract where we have broken our contract with you.

If you are ending a contract for one of the reasons set out at (a) to (e) above, we ask that products are returned either unopened in their original packaging, or if opened, in a re-sellable condition.

7.5 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.

7.6 Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by Musicroom to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products (see clause 11.1):

Right under the Consumer Contracts
Regulations 2013

How our goodwill guarantee is more generous

14 day period to change your mind.

30 day period to change your mind provided products are unopened and in their original packaging. During the period 1 November to 31 December you have until 31 January in the following year to change your mind.

In order to benefit from our goodwill guarantee, products must be returned either unopened in their original packaging, or if opened, in perfect re-sellable condition.

7.7 When consumers do not have a right to change their minds. In some circumstances you will not have a right to change your mind. Under this contract, those circumstances where your right as a consumer to change your mind does not apply includes where you have bought products sealed for health protection or hygiene purposes, or sealed software or video recordings, once these have been unsealed after you receive them (for example, in-ear headphones, earplugs, mouthpieces, reeds etc).

7.8 How long do consumers have to change their minds? If you are a consumer you have 30 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery. During the period 1 November to 31 December you have until 31 January in the following year to change your mind.

8. How to end the contract with us (including if you are a consumer who has changed their mind)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call Customer Support on +44 (0)1284 725 725 or email us at info@musicroom.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Email us at info@musicroom.com or contact us here. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You will be provided with a Returns Number which you must include when you return the products. You must either return the products in person to one of our Musicroom stores or post them back to us at Returns Department, Newmarket Road, Bury St Edmunds, Suffolk, IP33 3YB, United Kingdom.

If you are posting them back to us we recommend you use a recorded delivery service. If they are not suitable for posting call Customer Support on +44 (0)1284 725 725 and we will arrange to collect them from you. If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

8.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or mis-described; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of us breaking our contract with you.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

8.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

9. Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due; or

(b) you do not, within a reasonable time, allow us to deliver the products to you.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. Call Customer Support on +44 (0)1284 725 725 or email us at info@musicroom.com.

11. Your rights in respect of defective products if you are a consumer

11.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 (0)3454 04 05 06.

The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your products are faulty, then you can get an immediate refund.

b) Up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.

12. Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

12.4 When you must pay and how you must pay. We accept payment of the credit cards listed on our payments page. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you if you are a consumer

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.1; and for defective products under the Consumer Protection Act 1987

13.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use.

14. Website

14.1 Website access and use. You are provided with access to this Website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these terms and conditions. You may access this website only to browse the website and make orders. Any other use is not allowed unless agreed to by us in writing. The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

14.2 Changes to the website. We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part of it) with or without notice to you and you agree that we won't be liable to you or any third party for any modification to or withdrawal of the website.

14.3 We own the website. Music In Print Limited are owner or licensee of all copyright, design rights, database rights, trade marks and other intellectual property rights on the website, and in the material published on it. Your use of the website grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved. You agree not to change or delete any ownership notices from materials downloaded or printed from the website.

14.4 You can't change the website. You are not allowed to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on the website.

15. How we may use your personal information

15.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

15.2How we use cookies. To learn more about what cookies we use, their nature, purpose and please see our Cookie Policy.

15.3 Accuracy of personal information. You promise that:

(a) any personal data which you provide is true, accurate, current and complete; and

(b) you won't impersonate any other person or use a false name or a name that you are not authorised to use.

16. Gift vouchers

16.1 Where you can use a gift voucher. From time to time we may offer gift vouchers for sale. If you purchase a gift voucher it can only be used on Musicroom.com. It is not redeemable in our high street stores. In order to redeem a gift voucher on Musicroom.com you must have a registered user account on Musicroom.com. If you do not already have an account you will be asked to create one.

16.2 Currency of the gift voucher. You can only redeem a gift voucher in the currency in which it was originally bought. Any remaining balance after a redemption will be fixed to the original currency of that voucher. If the balance of a voucher does not cover the entire cost of a purchase you can put it towards that purchase and pay the remainder.

16.3 Expiry of gift vouchers and other terms. Gift vouchers will expire one year from their purchase date, at which point any remaining balance will no longer be redeemable (where permissible under applicable law). A gift voucher is not transferable or assignable. Gift vouchers cannot be used to buy gift vouchers. Gift vouchers issued from Musicroom.com cannot currently be used at the Musicroom Musicbookmaker site.

17. Discounts and special offers

17.1 Limitations on discounts and special offers. All discounts, special offers and promotions are subject to availability, may be withdrawn or changed without notice, and may not be used in conjunction with any other offers, except where explicitly stated. If an item is subject to two available discounts, we reserve the right to decide which will be applied.

17.2 Special accounts. You may not combine any discount obtained through one of our special accounts (such as our Educator’s Discount) with any commission you may receive through any of our affiliate agreements made between you and us. We will monitor sales coming from affiliate links on a regular basis. If we suspect that an affiliate has received an affiliate commission and a discount on the same order, we may cancel the applicable affiliate commission and may end the relevant affiliate relationship.

18. Other important terms

18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 7.6 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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