These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General Terms and Conditions
This site is owned and operated by Southern Percussion Limited of Elmwood, The Drive, Rayleigh, Essex, SS6 8XQ, Company no. 6530300. Registered address: 1386 London Road, Leigh On Sea, Essex, England, SS9 2UJ If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at [email protected] or + 44 (0)1702 522101.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Southern Percussion Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions, etc given about the goods are approximate only.
4. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
We aim to ship all items within one working day of receiving your order, although we cannot guarantee this. The vast majority of items displayed on the Southern Percussion website are held in stock by us. Where stock is not available, you have the option either to wait until the items are available, cancel, or amend your order. Payment is not taken for your products until we have them in stock.
6. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
7.1 The prices payable for goods that you order are as set out in our website. All prices for UK customers are inclusive of VAT at the current rates, and are correct at the time of entering such information. Southern Percussion Limited VAT registration number is GB 930 2497 34.
7.2 Southern Percussion is not responsible for any Duty, VAT or additional taxes that may be charged after the sale for non UK sales. These additional charges may be charged when you pick up the item at customs or during delivery. It is the sole responsibility of the international customer to check local regulations when buying exported goods. These fees are not included in any product or shipping charges. In addition shipping agents my charge a further fee for custom clearance.
Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell alternative goods of a similar specification and description at a similar price.
Price and availability information displayed on the Southern Percussion Limited website are subject to change without notice. All discounts, special offers and promotions are subject to availability, and may be withdrawn or changed without notice, and may not be used in conjunction with any other offers.
8. Payment terms
We will charge your payment method when good are dispatched. Where any items are not in stock, you will not be charged in respect of such items until they are received by Southern Percussion Limited and dispatched to yourselves.
We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account, then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may
Our delivery charges are calculated on weight and size and location to deliver to and are displayed on the checkout page before you place your order. The calculations are made automatically based on your shopping cart’s contents.
Please be aware where we have to split the order if we have products unavailable and you place on back order, we do not charge you extra for sending in 2 dispatches. Depending on circumstances the back orders maybe dispatched via an alternative service.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery, but delivery times are not guaranteed as this service is outside of our control. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period.
We strongly recommend that all customers select’s one of the services where tracking is available. Where such tracking has been chosen, we will accept full responsibility in the event of goods not being delivered as soon as you advise us within 21 days of the dispatch date.
In the event of you choosing a non-tracking service, we do not accept any responsibility whatsoever for any goods that may be lost in transit.
10. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
11. Cancellation rights
11.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract. However, we regret that we cannot accept cancellations of contracts for the purchase of video, DVD, audio and software products where the items have been unsealed.
11.2 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk.
11.3 Once you have notified us that you are cancelling your contract, any sum debited to us from your payment method will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
12. Cancellation by us
12.1 We reserve the right to cancel the contract between us if:
12.1.1 we have insufficient stock to deliver the goods you have ordered;
12.1.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
12.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
13.1 If you do not receive goods ordered by you within 21 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the date on which you ordered the goods. In addition we would refer you to our Deliveries policy as state above under item 9.
13.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
13.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
13.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Elmwood, The Drive, Rayleigh, Essex, SS6 8XQ and all notices from us to you will be displayed on our website from to time.
15. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
16. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
19. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
We, Southern Percussion Limited are committed to protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
- a) To register you with our website and to administer it.
- b) For assessment and analysis e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
We do not store customer payment details nor do we share customer details with any 3rd parties
There is a technology called “cookies” which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser which may then store it on your system. If you wish, you can usually adjust your browser so that your computer does not accept cookies. Please remember cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
22. Warranties & Guarantees
All the items in our shop are guaranteed by varying amounts by the manufacturer. Large instruments generally have a 12 month guarantee. We can’t apply the guarantee to bars that may have been hit with inappropriate mallets for that instrument (i.e xylophone mallets on a marimba).
If you are not completely satisfied with your purchase, we will make every effort to help with your concern. We will accept returns on items for up to 14 days after the invoice date fprovided that the product is in new condition with all original packaging.
We cannot be responsible for breakages to sticks, as use is beyond our control. If there is an obvious manufacturing defect, then we will replace them.