Terms & Conditions
Online Shop Website Terms and Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be agreeing to these Terms. If you refuse to accept these Terms, we will not be held responsible for any orders made from the site.
You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 January 2020.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 All profits made from the sales of goods on our site are paid directly to not-for profit Brazuka International to support its work. Brazuka International (the parent company to the project Katumba Drumming & Movement), is registered in England and Wales (registration number 08002124), registered office Katumba Culture Hub, John Archer Hall, #1, 68 Upper Hill St., L81YR. The Online Shop is operated by Brazuka staff weekdays 10am -3pm.
1.2 The main purpose of our online shop is supply costume and performance equipment to members of our vibrant drumming and movement group. If you are not a band member, this will affect your access to certain products as set out in clauses 2.1, 2.2 and 2.3.
1.3 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact the Customer Services team by e-mail at email@example.com
If you are emailing us please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at firstname.lastname@example.org
(c) If we have to contact you or give you notice in writing, we will do so by the e-mail address you provide to us in your order
2. Our Products
2.1 The majority of our products are pick up only. We do not ship or deliver any products. This is due to the nature of our organisation outlined in clauses 1.1 and 1.2 and clearly stated in the description of each product.
2.2 Pickup will be available from Katumba Culture Hub, 1 John Archer Hall, 68 Upper Hill Street, Liverpool, L8 1YR within 2 weeks of your purchase – unless the organisation is closed for holiday period (such as Christmas and New Year). If you are not a band member attending rehearsals, then we recommend emailing in advance to arrange a suitable pickup time if a member of the team does not contact you.
2.3 In the case of digital downloads, it is your responsibility to read the description on how to receive your download (immediate link will be provided) and decide whether this is within your technological capabilities. We may decide to offer technological support at our discretion.
2.4 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.5 Although we have made every effort to be as accurate as possible, because some of our Products are handmade, often from recycled products all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
3. Use of our site
3.1 Your use of our site is governed by these Terms & Conditions. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been confirmed (Confirmation). The Contract between us will only be formed when we send you the Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible, or arrange another date for pickup if more stock is on the way.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed (if applicable).
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time:
(a) to reflect changes in relevant laws and regulatory requirements; and/or
(b) in the event that there is a material change to our relationship with our suppliers.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer, you have a legal right to cancel a Contract within 14 days and claim a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.3 When you don’t have the right to change your mind. The cancellation right referred to above does not apply in the case of:
- a) Products which have been personalised for you
- b) Digital downloads where you have instant access to these items
- c) Any products which are services relating to the supply of leisure activities wprkshops of courses (including but not limited to our gift experiences), where the services provide for a specific date/s or period of activity/ies.
- d) Earrings.
9.4 Your right to cancel a Contract starts from the date of the Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered.
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product|| The end date is the end of 14 days after the day on which you received confirmation of your order.
Example: if we provide you with a Confirmation on 1 January you may cancel at any time between 1 January and the end of the day on 14 January.
9.5 To cancel a Contract, you just need to let us know that you have decided to cancel.
9.6 You can e-mail us at email@example.com
9.7 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop, or for any transaction fee that may have applied when ordering.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after 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 9.10;
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.8 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.9 We will refund you on the credit card or debit card used by you to pay.
10. How to pay
10.1 You can pay for Products using a debit card or credit card via Paypal. You do not need a paypal account.
10.2 Payment for the Products and all applicable charges is in advance. We take payment when the order is placed.
11. liability if you are a consumer
This clause 11 only applies if you are a consumer.
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us by e-mail at firstname.lastname@example.org. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
13. Communications between us
13.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
13.2 If you are a consumer you may contact us as described in clause 1.2.
14. Other important terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.1 From time to time, we may choose to run promotions for specific product offers or discount opportunities via our site (Promotional Offers). In addition to the terms set out above applying to purchases of Products which are subject to any Promotional Offers, any description and terms of each promotion set out on our site and in the marketing communication in which the Promotional Offer was originally supplied upon by us (Promotion Terms) shall also apply. All of our Promotional Offers are also subject to the following specific terms and conditions:
- Promotional Offers are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated;
- Promotional Offers are valid for a limited period of time as specified in the original marketing communication containing the Promotional Offer and cannot be used outside of that period;
- if an item from an order which is subject to a Promotional Offer is returned, and by giving a full refund for such item, the amount spent by you would mean the order value is less than the qualifying spend for that Promotional Offer, then we may deduct the total discount given under the Promotional Offer from any refund;
- all orders are subject to stock availability and we reserve the right to withdraw, amend or extend Promotional Offers at any time.
15.2 To the extent that the Promotional Offer in question involves the supply of a code which can be used to apply a discount if your order meets the terms of the Promotional Offer (Promotional Code), the following additional terms and conditions apply:
- Promotional Codes cannot be used in conjunction with any other offer unless otherwise stated in the Promotion Terms;
- if using the Promotional Code online, enter it as requested during the check-out process;
- Promotional Codes are for use by the intended recipient only and proof of entitlement to use a Promotional Code may be requested; and
- All orders using Promotional Codes are subject to our acceptance and any improper use of Promotional Codes may result in the cancellation of your order.
15.3 To the extent that there is any conflict between these Terms and the Promotion Term, then the Promotion Terms will apply.