Terms and Conditions (T&C) of DrumRide

Overview

Welcome to DrumRide! The terms “we,” “us,” and “our” refer to DrumRide. We operate this online shop and the associated website, including all content, tools, products, and services (collectively the “Services”). DrumRide uses Shopify as a platform to provide these Services.

These Terms and Conditions (“T&C”) govern your rights and obligations when using our Services. By accessing or using our Services, you agree to these T&C as well as our Privacy Policy [LINK]. If you do not agree to the terms, you may not use our Services.

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Section 1 – Access and Account

By using our Services, you confirm that you are of legal age in your country of residence and authorized to provide accurate, complete, and current information. You are solely responsible for keeping your login details secure. Transferring or sharing your account with third parties is not permitted.

Section 2 – Our Products

We strive to display products as accurately as possible. Variations in color or representation may occur due to technical circumstances. We do not guarantee that the appearance or quality of a product will fully meet your expectations. Product information may be changed or products removed from the range at any time without notice.

Section 3 – Orders

By placing an order, you submit a binding purchase offer. An order is only considered accepted once we confirm it. Successful payment processing is required. Changes or cancellations after acceptance are only possible in exceptional cases. Returns and refunds are granted exclusively in accordance with our Withdrawal and Refund Policy [LINK].

Section 4 – Prices and Billing

All prices are subject to change without prior notice. The applicable price is the one at the time of your order. Prices do not include import duties, customs fees, or additional charges. You agree to provide accurate payment information and to keep it up to date.

Section 5 – Shipping and Delivery

We work with international fulfillment and shipping providers. Delivery times are non-binding estimates and may vary. Delays caused by carriers, customs, or external circumstances are beyond our control. For consumer purchases, the risk of accidental loss or deterioration passes to you upon delivery to you or a designated recipient. If you chose your own carrier (not offered by us), the risk transfers once the goods are handed over to that carrier. Statutory claims remain unaffected.

Section 6 – Withdrawal and Refund

As our products are shipped via international fulfillment partners, physical returns cannot be accepted. Instead, we provide refunds or replacements in accordance with our Refund Policy [LINK], particularly for damaged or incorrectly delivered items. The statutory right of withdrawal within the European Union remains unaffected. In case of withdrawal, we also refund the cost of standard shipping; additional costs arising from another shipping method (e.g., express) will not be refunded.

Section 7 – Intellectual Property

All content, trademarks, designs, images, texts, videos, and other materials of the Services are owned by us or licensed and are protected by intellectual property rights. Use without our written consent is prohibited.

Section 8 – Optional Tools

We may provide access to third-party tools. These are provided “as is.” We assume no liability for their functionality or for any damages resulting from their use.

Section 9 – Third-Party Links

Our Services may contain links or content from third parties. We are not responsible for their content or use. Transactions with third parties are at your own risk.

Section 10 – Relationship with Shopify

DrumRide operates on Shopify. Your contract is directly with DrumRide. Shopify assumes no liability for purchases, products, or services made with us.

Section 11 – Data Protection

Your data is processed in accordance with our Privacy Policy [LINK] and Shopify’s privacy policies. By using our Services, you consent to this processing.

Section 12 – Feedback

If you submit feedback, ideas, or reviews, you grant us the right to use, publish, and further develop them without restriction. You confirm that you are authorized to share them and that no third-party rights are violated.

Section 13 – Errors, Inaccuracies, and Omissions

We reserve the right to correct errors, inaccuracies, or omissions in product information, prices, or availability and to cancel or adjust orders if necessary.

Section 14 – Prohibited Uses

You may only use our Services for lawful purposes. It is prohibited to spread unlawful, misleading, defamatory, or harmful content, gain unauthorized access, or compromise the security of our systems. We reserve the right to suspend or terminate access in case of violations.

Section 15 – Termination

We may terminate your account or access to our Services at any time if you violate these T&C. Payment obligations already incurred remain unaffected.

Section 16 – Warranty

Statutory warranty rights apply. Any descriptions of our Services and products in these T&C do not limit these rights. Our Services are otherwise provided “as available”; this does not affect claims for defective goods.

Section 17 – Limitation of Liability

We are fully liable for damages caused by intent or gross negligence, as well as for injury to life, body, or health, under the Product Liability Act, or in cases of warranty. For simple negligence, we are only liable if a material contractual obligation has been breached, whose fulfillment is essential for proper contract performance and on which you may regularly rely. In such cases, liability is limited to the foreseeable, typical damage. Otherwise, liability is excluded.

Section 18 – Indemnification

You agree to indemnify DrumRide, Shopify, and affiliated partners from any third-party claims resulting from your violation of these T&C, any law, or third-party rights.

Section 19 – Severability

If individual provisions are invalid, the validity of the remaining provisions remains unaffected.

Section 20 – Waiver and Entire Agreement

Our failure to enforce a right does not constitute a waiver. These T&C constitute the entire agreement between you and us.

Section 21 – Assignment

You may not transfer your rights and obligations under these T&C without our consent. We may assign our rights to third parties without consent.

Section 22 – Governing Law

The law of the state of our registered office applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers with habitual residence in the EU, this choice of law does not deprive them of the protection afforded by mandatory provisions of their home country. Mandatory consumer protection rights of your country of residence remain unaffected.

Section 23 – Jurisdiction

For business customers as defined in § 14 BGB, the exclusive place of jurisdiction is the registered office of DrumRide. Consumers may bring claims before the courts of their residence or our registered office; we may only bring claims against consumers before the courts of their residence.

Section 24 – Changes

We reserve the right to amend these T&C at any time. Changes will be published on our website. Continued use constitutes acceptance of the amended terms.

Section 25 – Notice under § 36 VSBG

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Section 26 – Contact Information

Questions regarding these T&C should be sent to:

DrumRide
Email: cardrums1@gmail.com