Terms and Conditions

Terms and Conditions

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘XM EDRUM’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company ZEPTONE PTY LTD. Both parties accept these Conditions unreservedly.

These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and XM EDRUM as they are used to protect your rights as a valued customer and our rights as a business.

Changes to the Terms of Service and the Website

XM EDRUM is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

Access to the Website

We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website may require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with XM EDRUM by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password-reset procedure in case you forget your password. You must treat your account login information as confidential, not disclosing it to any third party and only using XM EDRUM in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if login is possible, to change your password.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service. We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Product information

XM EDRUM takes great care when putting product information, descriptions and images on-line, but will not be held responsible for any mistakes or omissions to any information given.

Prices

The prices indicated on XM EDRUM are shown in US Dollars and include delivery. The delivery costs have been included in the total price of the product(s). The price shown clearly and invoiced at the end of the order is the total price. However, please note in some locations, such as Africa and South America, the shipping cost from Taiwan is much higher than to other countries. When the CUSTOMER is located in a country with a higher than normal shipping cost, XM EDRUM will charge extra fees to compensate for these additional shipping expenses. A flat fee of $20.00 USD is charged on XM eDrum components, while a flat fee of $80.00 USD is charged on purchases of full XM eDrum kits.

We reserve the right to modify our prices at any moment, but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.Please also note some countries have their own taxes and duties for when products arrive in their ports. As these costs vary, XM EDRUM takes no responsibility for these excess charges (if incurred), so the CUSTOMER needs to use his or her own due diligence before making the purchase to know whether these fees would apply in their specific location.

Availability

We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again.

If relevant, we will offer you a replacement for an unavailable product, with a product of equal price and quality. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

Secure Payment

XM EDRUM currently offers several ways to pay for your order, including PayPal. PayPal payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (XM EDRUM is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to PayPal for full terms and conditions of use.

Delivery

Your order will be delivered to the address you indicated when your order was placed. The products bought on XM EDRUM will be delivered to one address around the world. We do not deliver to PO Box addresses. All parcels must be received by the CUSTOMER, or by a representative of the business that made the order. XM EDRUM does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

Right of Return

XM EDRUM does not accept returns. If XM EDRUM products are damaged, XM EDRUM will send replacement items once the CUSTOMER has returned the damaged item, and proven the damage was not caused by their own actions. XM EDRUM reserves the right to reject an exchange if it feels the damage was not accurately proven and shown to be caused by XM EDRUM.

For Reimbursements

If a CUSTOMER genuinely purchases the incorrect item, or is unhappy with the product received,please contact XM EDRUM within 7 days of receiving the product(s). If the CUSTOMER is willing to pay the associated shipping fees (both the cost of shipping the item to him/her, and for returning it to XM EDRUM), XMEDRUM may choose to refund the remainder of the price(shipping fees deducted). XM EDRUM reserves the right to reject a return of this type.

On the rare occasiona producthas a defect,yet the flaw doesn’t affect use of an item, if the CUSTOMER is happy to keep the items, XM EDRUM may offer some form of compensation/reimbursement.XM EDRUM reserves the right to reject a request of this type.

Privacy and Protection of Personal Data

The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.

You have the permanent right to access and rectify all the information that concerns you, in accordance with International texts and laws. You can at any time make a request to XM EDRUM to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.

Intellectual Ownership

All the content on theXM EDRUM website (illustrations, texts, names, brand names, images and videos) is the property of XM EDRUM. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by XM EDRUM. All information, content and files are protected by International law concerning intellectual ownership and copyright.XM EDRUM cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.

XM EDRUM will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

Waiver and Severability

Any failure of XM EDRUM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and XM EDRUM, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Feedback and Comments

Any opinions left on the Website by XM EDRUM customers are screened and moderated by XM EDRUM. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), XM EDRUM reserves the right to refuse or modify it.