1. BINDING EFFECT
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide an e-mail and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
3. USE OF SOFTWARE
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
4. USER CONTENT
You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID or e-mail. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. INAPPROPRIATE CONTENT
7. COPYRIGHT INFRINGEMENT
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must contact the Company at firstname.lastname@example.org. When contacting us, please be sure to provide us with your exact email address, name, and address and/or telephone number(s) in order to ensure a quick and effective response to your request.
8. ALLEGED VIOLATIONS
9. NO WARRANTIES AS TO THE SITE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. PRODUCT WARRANTIES AND POLICIES
UNLESS OTHERWISE SPECIFIED, ALL PRODUCTS SOLD ON THE SITE CARRY A LIMITED 48 HOUR INSPECTION PERIOD. HOWEVER, THIS INSPECTION PERIOD IS NOT DESIGNED, NOR INTENDED, TO REPLACE THE MANUFACTURER’S WARRANTY. THE INSPECTION PERIOD IS EFFECTIVE FROM THE DATE YOUR PACKAGE IS DELIVERED AS PER TRACKING INFORMATION AVAILABLE FROM THE CARRIER. THE INSPECTION PERIOD COVERS REPLACEMENT OR REPAIR OF DEFECTIVE AND DAMAGED PRODUCTS ONLY AND RETURN SHIPPING IS THE EXPRESS RESPONSIBILITY OF THE CUSTOMER. SUBJECT TO THE EVALUATION AND DETERMINATION OF D&S’s TECHNICIANS OR RMA REPRESENTATIVES. ALL OTHER RETURNS OR EXCHANGES ARE SUBJECT TO RESTOCKING AND SHIPPING FEES. DISASSEMBLING, ABUSING, MODIFYING, ALTERING, REMOVING, OR REPLACEMENT WILL VOID THE INSPECTION PERIOD AND ALL WARRANTIES AND COULD RESULT IN VIOLATION OF STATE AND/OR FEDERAL LAWS. THE WARRANTY DOES NOT COVER ANY PRODUCTS THAT HAVE BEEN ABUSED, DISASSEMBLED, MODIFIED, ALTERED, OR RETURNED WITHOUT THE ORIGINAL PACKAGING.
THE WARRANTY DOES NOT COVER BATTERIES.
D&S IS NOT RESPONSIBLE FOR COMPATIBILITY BETWEEN VARIOUS MANUFACTURERS PRODUCTS,
ALL REPAIRS AND UPGRADES COMPLETED BY D&S CARRY A LIMITED 45 DAY WARRANTY. THE WARRANTY DOES NOT GUARANTEE OR COVER THE OPERATION OF INSTRUMENTS OUTSIDE OF THEIR ORIGINAL INTENDED USE. THE WARRANTY DOES NOT COVER BATTERIES. D&S IS NOT RESPONSIBLE FOR COMPATIBILITY BETWEEN VARIOUS MANUFACTURERS PRODUCTS, THIS WARRANTY DOES NOT COVER PRODUCTS THAT ARE NOT PURCHASED FROM DRUM & STRUM, INC. DBA DRUM & STRUM MUSIC AND, INCLUDING BUT NOT LIMITED TO, DRUMNSTRUM.COM
FOR INTERNATIONAL ORDERS, ALL SALES ARE FINAL.
DUE TO TRANSIT LIMITATIONS, TECHNICAL SUPPORT AND LIMITED REPLACEMENT PARTS ARE ONLY AVAILABLE FOR PRODUCTS WHERE THE DEFECT IS REPORTED WITHIN 14 DAYS OF SHIPMENT. COMPLIMENTARY REPAIR SERVICES CAN BE OFFERED WITHIN 45 DAYS OF SHIPMENT IF YOU AGREE TO BEAR THE EXPENSE OF ALL SHIPMENT, LOST PACKAGES, AND CUSTOMS SEIZURES.
11. RETURN POLICY
If you purchased an item from D&S or drumnstrum.com in the last 45 days and are experiencing problems with the product, the Company offers a 45-day warranty to replace and repair your item subject to the terms outlined in Section 10. If your package arrived damaged, please inspect and keep all contents and contact our support team immediately. We will assist you in completing a damage claim with the carrier.
Please start the warranty claim by completing the Return Merchandise Authorization “RMA” form online located at https://drumnstrum.com/rma/. Please do not return anything until you have been issued a RMA #. Otherwise, the package may be refused or lost without prompt paperwork.
One of our dedicated RMA staff will contact you within in 1-3 business days of receiving your request. Please keep all original packaging and products must be unused, unworn and unopen. A 15% restocking fee will be accessed based on your return.
DAMAGES UPON ARRIVAL
If your package arrived damaged, one of our customer service representatives will assist you in filing a claim with the carrier. Please inspect all contents and keep original box and packaging material. Please note that this process may take up to 10 business days depending on the carrier.
You may exchange an item if it is unused, unworn and unopen within 15 days of delivery. Shipping cost will be deducted from the refund.
RETURN FOR STORE CREDIT.
You may return an item for merchandise credit if the item is unused, unworn and unopen in its original packaging within 15 days of delivery. A 15% restocking fee will apply. Shipping cost will be deducted from refund.
NON-WARRANTY REPAIR/ UPGRADE SERVICES:
The labor rate for our technician is $45.00 an hour if you need assistance with any non-warranty repairs and upgrade service. All D&S technicians are in-house and very experienced with repair services.
12. LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. AFFILIATED SITES
14. PROHIBITED USES
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site or Service are: Copyright © 2020 Drum & Strum, Inc., all rights reserved.
17. GOVERNING LAW
18. SEVERABILITY; WAIVER
19. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
20. VIRGINIA USE ONLY
The Site is controlled and operated by Company from its offices in the Commonwealth of Virginia. Company makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Virginia.
22. ORDER AND SHIPMENT POLICIES
Express orders (UPS 3day, 2day and Next day) placed before 1:00PM PST are shipped the same day. If order is received after 1:00PM PST, it may not be shipped until the following business day. Domestic Grounds orders are shipped within 1-3 business days (excluding weekends and holidays). International orders require an additional 3-5 business days to ship due to extra compliance requirements.
In the event of a Back Order or Pre-Order, your order may be fulfilled in two separate shipments. Subsequent shipments after the first shipment will be shipped via regular ground service. All additional expenses will be covered by D&S. Your credit card is charged for the full order amount at the time of order placement. In the event of Back Order, you can request for an immediate refund.
Low Value Packages may be shipped via USPS depending on package content & Delivery address (PO Box, Military Address, etc.).
Although delays are rare, please note that UPS does not guarantee delivery time for none-express shipping methods such as Ground.
Once an order is placed, the order cannot be modified. You may submit a request for a return after the order is delivered. If you need to update your shipping address or shipping method after your order is placed, please call us immediately at (540) 347-7484, Monday through Thursday, from 11:00 am-8:00 pm (EST) and Friday and Saturday from 11:00 am-6:00 pm (EST).
To avoid placing a duplicate order, please DO NOT click “Back” on your browser after confirming the order.
23. DISCLAIMER ON COUPON CODES
D&S coupon codes are randomly offered to provide consumers with additional savings. No rain-checks are allowed on coupon codes. Only one coupon code can be used per order. Coupon codes are not applicable for on-sale and MAP items, and cannot be combined with any other ongoing special or promotion. For a complete list of excluded products from the coupon code discounts, please visit our “COUPON CODES” page.