World Drummers Terms & Conditions
“WORLD DRUMMERS” TERMS & CONDITIONS
KORAL MUSIC welcomes you and thanks you for choosing to browse our
website at: www.worldrummers.com (the “Website” or the “Site”).
The website was created with the main goal of providing a convenient platform
for visitors and customers to view and/or purchase electronic drums sets,
accessories for drums, electronic cymbals and more (the “Products”). The
website provides information about the products for sale including prices,
descriptions, reviews and more.
1. AGREEMENT TO TERMS:
1.1. These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and the Site
(“we”, “us” or “our”), concerning your access to and use of the Site as well as
any other media form, media channel, mobile website or website related, linked,
or otherwise connected thereto. You agree that by accessing the Site, you have
read, understood, and agree to be bound by all of these Terms and Conditions
(“Terms and Conditions”).
1.2. In the event of inconsistency between any terms of this contract and any
translation into another language, the Hebrew version will control and prevail on
any question of interpretation or otherwise.
1.3. We reserve the right, in our sole discretion, to make changes or modifications to
these Terms and Conditions at any time and for any reason. We will alert you
about any changes by updating the “Last updated” date of these Terms and
Conditions and you waive any right to receive specific notice of each such
change.
1.4. The Site is intended for users who are at least 18 years of age. If you are a
minor, you may purchase any products sold through the Site if your parent or
legal guardian consents on your behalf and agrees to these Terms and
Conditions.
2. INTELLECTUAL PROPERTY RIGHTS:
2.1. Unless otherwise indicated, the Site is our proprietary property and all source
code, databases, functionality, software, application, designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us.
2.2. The Content and the Marks are provided on the Site “AS IS” for your information
and personal use only. Except as expressly provided in these Terms and
Conditions, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
2.3. Provided that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal, non-
commercial use. We reserve all rights not expressly granted to you in and to the
Site, Content and the Marks.
3. USER REPRESENTATIONS:
3.1. By using the Site, you represent and warrant that: (1) Each and every use of the
Site is for your own risk and responsibility; (2) all registration information you
submit will be true, accurate, current, and complete; (3) you will maintain the
accuracy of such information and promptly update such registration information
as necessary; (4) you have the legal capacity and you agree to comply with
these Terms and Conditions; (5) you will not access the Site through automated
or non-human means, whether through a bot, script or otherwise; (6) you will not
use the Site for any illegal or unauthorized purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
3.2. We have the right to refuse any and all current or future use of the Site. Without
Limiting the generality of the Foregoing, if you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to block your
access and refuse any and all current or future use of the Site (or any portion
thereof).
4. PROHIBITED ACTIVITIES:
4.1. You may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved
by us.
4.2. As a user of the Site, you agree not to:
4.2.1. systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us;
4.2.2. make any unauthorized use of the Site, including collecting email
addresses of users by electronic or other means for the purpose of
sending unsolicited email by automated means or under false pretenses;
4.2.3. steal and/or copy and/or make any use of the designs and/or ideas of
products on the website;
4.2.4. circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the
Content contained therein;
4.2.5. trick, defraud, or mislead us and other users;
4.2.6. make improper use of our support services or submit false reports of
abuse or misconduct;
4.2.7. engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools;
4.2.8. attempt to impersonate another person;
4.2.9. use any information obtained from the Site in order to harass, abuse, or
harm another person;
4.2.10. use the Site as part of any effort to compete with us;
4.2.11. decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site;
4.2.12. harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you;
4.2.13. delete the copyright or other proprietary rights notice from any Content;
4.2.14. copy or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code;
4.2.15. upload or transmit (or attempt to upload or to transmit) viruses, trojan
horses, or other material, including use of spamming, that interferes the
enjoyment of the Site;
4.2.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
4.2.17. use the Site in a manner inconsistent with any applicable laws or
regulations.
4.3. Any use of the Site in violation of the foregoing violates these Terms and
Conditions and may result in, among other things, termination or suspension of
your rights to use the Site.
5. THIRD-PARTY CONTENT:
5.1. The Site may contain (or you may be sent via the Site) links to other Sites
("Third-Party Sites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Sites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us,
and we are not responsible for any Third-Party Sites accessed through the Site
or any Third-Party Content posted on, available through, or installed from the
Site, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Sites or the Third-
Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Sites or any Third-Party Content does not imply approval or
endorsement thereof by us.
5.2. Any purchases you make through Third-Party Sites will be through other sites
and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third
party.
6. SITE MANAGEMENT:
6.1. We reserve the right, but not the obligation, to: (1) monitor the Site for violations
of these Terms and Conditions; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Terms and Conditions,
including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
contributions or any portion thereof; and (4) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Site.
7. PRIVACY POLICY:
7.1. In order to provide you service, we may use your personal data, such as, inter
alia, information about your use of the Site, and information about your mobile
device or computer (“Personal Information”). The Personal Information may be
collected and used to:
7.1.1. provide services to you and improve the Site and/or the services;
7.1.2. ensure proper performance of the Site;
7.1.3. analyze and manage our businesses;
7.1.4. improve our customer service;
7.1.5. contact you or provide you with relevant data with regard to the Site or the
services.
7.2. Each time you use the Site, we may automatically collect certain types of
information. Some examples of automatic information we may collect are as
follows:
7.2.1. we may record your internet service provider’s address, your internet
protocol or IP address and the type of handheld or mobile device.
7.2.2. we may collect a record of your activity or your “clickstream” while visiting
the Site.
7.2.3. we may use “cookies” of different types to recognize your computer or
mobile device. A cookie is a small text file that a website, online
application, or e-mail may save to your internet browser and/or your
computer’s hard drive for use in subsequent visits to sites.
7.2.4. we may collect any information you enter, share or that can be obtained
from your use of the Site.
7.3. We may share your personal information with third parties, except for sensitive
information such as credit card information and I.D numbers, including with our
services providers.
7.4. Some examples of things service providers may do that may involve your
personal information are:
7.4.1. develop, host or maintain the Site on our behalf;
7.4.2. aggregate customer information and/or improve customer service. We
may then share such aggregated information with prospective marketing
partner, advertisers and social media such as Facebook, Instagram,
Google. Taboola etc;
7.4.3. for statistical purposes – We may use third-party analytics and
personalization services to analyze site metrics and performance, analyze
our visitors preferences.
7.5. These service providers are granted access to some or all of your personal
information as necessary and may use cookies (as defined above) or other
automatic collection technology on our behalf.
8. CalOPPA – California Consumer Privacy Statement
8.1. This California Consumer Privacy Statement supplements the Global Privacy
Notice and applies solely to consumers in the state of California. This Statement
does not apply to Site personnel. This California Consumer Privacy Statement
uses certain terms that have the meaning given to them in the California
Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).
8.2. Categories of personal information are collected. The personal information that
the Site collects fall into the following categories as established by the California
Consumer Privacy Act:
8.2.1. identifiers such as your name, alias, address, phone numbers, or IP
address;
8.2.2. personal information, such as a credit card number;
8.2.3. commercial information, such as purchase and content streaming activity;
8.2.4. internet or other electronic network activity information, including content
interaction information, such as content downloads, streams, and playback
details;
8.2.5. geolocation data, such as the location of your device or computer;
8.2.6. inference data, such as information about your purchase preferences.
8.3. Categories of personal information disclosed for a business purpose. The
personal information that the Site discloses about consumers for a business
purpose fall into the following categories established by the California Consumer
Privacy Act:
8.3.1. identifiers such as your name, address, phone numbers, or IP address,
for example if we use a third party carrier to deliver your order;
8.3.2. personal information, such as a credit card number, for example if we use
a third party payment processor;
8.3.3. your age, gender, or other protected classifications, for example if you
choose to participate in a survey distributed by a survey provider;
8.3.4. commercial information;
8.3.5. internet or other electronic network activity information, such as if we use a
service provider to help us gather crash reports for analyzing the health of
our devices and services.
8.4. Right to Request Access to or Deletion of Personal Information: you may have
the right under the California Consumer Privacy Act to request information
regarding the collection of your personal information by the Site, or access to or
deletion of your personal information. If you wish to access this information,
please contact us using the contact information provided below.
8.5. No sale of personal information. The Site has not sold any personal information
of consumers, as those terms are defined under the California Consumer
Privacy Act.
8.6. No Discrimination. The Site will not discriminate against any consumer for
exercising their rights under the California Consumer Privacy Act.
9. PERMISSION FOR DISTRIBUTION, PUBLICATIONS AND ADVERTISEMENT:
9.1. Any user who leaves details on the site and is added to the site's mailing list,
approves the use of their details for the purpose of receiving marketing
information, updates and advertisements that the site will send from time to time.
9.2. A user who has provided such details will be subject to the mailing instructions
detailed in the Terms and Conditions hereinafter.
9.3. It is prohibited to leave details of another person on the site without their consent
and / or without their presence in front of the screen while leaving the details and
without explaining all the Terms and Conditions to them.
9.4. When leaving details on the site, the user will be asked to provide personal
information such as: first name, last name and an active e-mail address.
Providing partial or incorrect information may prevent the user from using the
site’s services and prevent the site from making contact if necessary. In case of
a change in any of the information provided by the user, the new information
must be updated on the website.
9.5. It is clarified that there is no legal obligation to provide details on the site
however without their submission it will not be possible to receive marketing
content and updates from the site.
9.6. The site will not use the information provided except for in accordance with the
site privacy policy which is an integral part of this Terms and Conditions.
9.7. Leaving details on the site and consent to receive marketing content includes,
among other things, receiving marketing content, promotions, updates and
discounts offered to registered users.
9.8. Mailing approval (receiving of marketing content) as aforesaid, constitutes the
user's consent to the submission of advertisements in accordance with the
Communications Law (Bezeq and Broadcasting) (Amendment No. 40) – 2008
(the Communications Law).
9.9. It is clarified that the user has the option to remove himself from the site’s mailing
list at any time by clicking on the button Unsubscribe; that appears at the
bottom of any e-mail sent by the site, or by emailing the site stating that they
wish to be removed from the mailing list. As long as the user has not removed
himself from the mailing list, the site may transfer direct mail to the user subject
to the Communications Law.
9.10. Mailing information should not be construed as a promise of any outcome and /
or warranty for the service offered therein.
9.11. Mailing as a whole, including all the information contained therein, is offered as
is, and will be as accurate and correct as possible, however, the information may
not be complete and technical or other errors in the information could happen.
9.12. The user confirms that he will not have any claim in connection with mailing
advertisements and / or advertisements displayed on the website, including their
location on the website. It is clarified that with regard to advertisements
displayed under the auspices of a third party, the site has no interference in the
selection of the advertisements displayed, the truth of their content and the order
in which they appear.
10. COPYRIGHT INFRINGEMENTS:
10.1. We respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you own or
control, please immediately notify us using the contact information provided
below.
11. TERM AND TERMINATION:
11.1. These Terms and Conditions shall remain in full force and effect while you use
the Site. without limiting any other provision of these Terms and Conditions, we
reserve the right to, in our sole discretion and without notice or liability, deny
access to and use of the Site (including blocking certain ip addresses), to any
person for any reason or for no reason, including without limitation for breach of
any representation, warranty, or covenant contained in these Terms and
Conditions or of any applicable law or regulation. we may terminate your use or
participation in the Site and any content or information that you posted at any
time, without warning, in our sole discretion.
12. MODIFICATIONS AND INTERRUPTIONS:
12.1. We reserve the right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site.
12.2. We also reserve the right to modify or discontinue all or part of the Site without
notice at any time. We will not be liable to you or any third party for any
modification, suspension, or discontinuance of the Site.
12.3. We cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related
to the Site, resulting in interruptions, delays, or errors.
13. FEES AND PAYMENTS:
13.1. Prices, availability, and other purchase terms are subject to change. The Site
reserves the right without prior notice to discontinue or change specifications and
prices on the products offered on and outside of the Site without incurring any
obligation to you.
13.2. You are responsible for providing true, accurate, current, and complete
information when ordering products through the Site or otherwise. If you use the
Site or other means to purchase a product, payment must be received prior to
acceptance of an order. The Site may need to verify information you provide
before accepts your order, and may cancel or limit your order any time after it
has been placed. If payment has already been made and your order is cancelled
or limited, The Site will refund any payment you made for the order that will not
be delivered due to cancellation or limitation of an order in the same tender as
the original purchase.
13.3. If, for any reason, your credit card company declines or otherwise refuses to pay
the amount owed for the product you have purchased, you agree that we may, at
our option, suspend or terminate delivery of order and may require you to pay
any overdue amounts incurred (including third-party chargeback fees or
penalties) by other means acceptable to us. In the event legal action is
necessary to collect on balances due, you agree to reimburse us for all
expenses incurred to recover sums due, including attorney fees and other legal
expenses.
13.4. Purchases of products through the Site may be subject to other terms and
conditions that are presented to you at the time of purchase.
13.5. All International taxes and additional fees associated with the products, which
are not Israeli taxes, will apply to the customer and the customer will have no
complaint on the matter.
13.6. After placed an order the Website will send a number of messages to the
customer, including confirmation of the purchase, invoice, information about the
delivery and order and more. The Site reserves the right to forward the
messages in any means of communication, by e-mail or text message.
14. SHIPPING POLICY:
14.1. Orders placed on the site will ship to the address provided by the customer
and/or to any other location agreed upon by the parties while placing the order.
14.2. International shipping of products will be supplied and delivered within 14 business
days to the costumer's address by Israel Post.
14.3. “Business day”- any day except for any Friday, any Saturday and any day which
is an Israeli holiday or any day on which the Israeli banking institutions are
authorized or required by law or other governmental action to close.
14.4. The shipping cost is not included in the price of each product. The shipping cost
may be updated from time to time in accordance with what is stated when
placing the order on the website.
14.5. The site may set a minimum amount for ordering on the site.
14.6. In the event that a product ordered on the Site is out of stock at the time the
order is placed, the Site will contact the customer. If the customer cannot be
reached, the Site will ship the order without the product which is out of stock.
14.7. In the event that the customer is not at home at the time that the order arrives,
the order will be returned to the store and reshipped once an additional shipping
fee has been paid by the customer.
14.8. The order will be shipped according to the following terms:
14.8.1. there is reasonable access to the location which the order is being
shipped;
14.8.2. if the order is being shipped to an organization, institution or settlement
that cannot be reached without special authorization and/or does not have
marked streets and/or marked house numbers, the order will be delivered
to the distribution point of that same location.
14.9. The Site will not be held responsible for any delay and/or problem with the
shipment of orders caused by the following terms:
14.9.1. force majeure and/or events that are out of the Site’s control;
14.9.2. for reasons related to the shipping provider and/or to the Israel Post;
14.9.3. holidays and/or periods leading up to holidays, including the months of
November and December during which shopping holidays and sales are
held;
14.9.4. an economy close, so that the Site’s operations and/or the Site’s suppliers
and/or service providers are impaired for whatever reason.
15. RETURN, EXCHANGE AND CANCELLATION POLICIES:
15.1. Request for refund, exchange or cancellation of an order will be submitted to the
Site by the customer in one of the ways stated at the bottom of this Terms and
Conditions.
15.2. Customers are eligible for refunds, exchanges or cancellations of orders within
14 business days from receipt of order from the moment the shipment arrives at the customer.
15.3. Refunds will be credited to the original form of payment, according to clearing
company and the credit card company, and subject to the arrival of the product
to the Site address.
15.4. In the event that a refund, exchange or cancellation is requested by the
customer after the period above, the request of a refund, exchange or
cancellation will be subject to the Site’s sole judgement.
15.5. Refunds, exchanges or cancellations will be approved after the customer
receives a written message of approval from the Site.
15.6. In the event that a refund, exchange or cancellation is approved by the Site for
reasons not including product defects:
15.6.1. The customer must return the product to the site when he is in the
condition in which he received the product;
15.6.2. the customer must return the product unused;
15.6.3. the product will be returned with the original receipt or proof of purchase;
15.6.4. the expense of return will be paid for by the customer;
15.6.5. a return fee of 25 USD or 5% of the price of the product will be charged (to
be determined by the cheaper option);
15.7. exchanges will be supplied and delivered according to the site shipping policy
and shipping costs.
15.8. In the event that a refund, exchange or cancellation is approved by the Site due
to a product defect, the Site will hold sole responsibility for collecting or
exchanging the products.
15.9. The Site will examine all defective products. In the event that the Site finds the
product to be valid, refunds will not be approved and the product will be shipped
back to the customer after an additional shipping fee has been paid by the
customer.
15.10. The aforesaid above is subject to the Israeli Consumer Protection Law, 1981.
16. DISCLAIMER:
16.1. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE
RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.
16.2. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SITE’S CONTENT AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY
ANY THIRD PARTY.
16.3. The information appearing on the Site should be not construed as a promise of
any result and/or responsibility for the activity of the products sold on it. The Site
will not be responsible for any damage, direct or indirect, which will be caused to
the user as a result of relying on information appearing on the Site and/or links to
other sites and/or any other source of internal and/or external information and/or
use of products displayed by Site.
16.4. Site warranty for a defective product is limited to product replacement or product
value. The total liability of the Site in relation to each product will not in any way
exceed the purchase price of that product.
16.5. Some products appearing on the Site are manufactured by third parties. The
users of the Site confirm and declare that they are aware of this and that they will
be responsible for contacting and demanding compensation from the
manufacturer for any damage, direct or indirect, that will be caused to them as a
result of using the products.
16.6. The images of the products on the Site are displayed for illustration purposes
only. As the products are handcrafted, There may be differences in appearance,
in color, in size, etc. between the product as shown on the Site and the product
that will be provide to customer. Scribal errors in product description and/or price
will not charge the Site.
16.7. Information and presentations about products displayed on the Site, originating
from the Site's business partners and/or third parties whose products appear on
the Site and any content in relation to the products are the sole responsibility of
the business partners and/or third parties. Therefore, it is understood that the
Site has no responsibility for such information and the Site does not guarantee
the accuracy of this information.
16.8. The Site recommends that users should behave as intelligent and careful
customers, and read carefully the information displayed on the Site, including the
information in relation to the product itself, its description and suitability, as
described on the Site.
17. GOVERNING LAW:
17.1. These Terms and Conditions and your use of the Site are governed by and
construed in accordance with the laws of the State of Israel applicable to
agreements made and to be entirely performed within the State of Israel, without
regard to its conflict of law principles.
17.2. Any legal action of whatever nature brought by either you or us (collectively, the
“Parties” and individually, a “Party”) shall be commenced or prosecuted to the
courts in the State of Israel, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non convenience.
18. CORRECTIONS:
18.1. There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Site, including descriptions,
availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on
the Site at any time, without prior notice.
19. MISCELLANEOUS:
19.1. These Terms and Conditions and any policies or operating rules posted by us on
the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms and
Conditions shall not operate as a waiver of such right or provision. We may
assign any or all of our rights and obligations to others at any time.
19.2. If any of these Terms and Conditions are determined by any competent authority
to be invalid, unlawful or unenforceable to any extent, such term will to that
extent be severed from the remaining terms which will continue to be valid to the
fullest extent permitted by law.
20. CONTACT US:
20.1. In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us by:
Address: 4 Basalt St., Tzur Yigal, ISRAEL;
or email: Worldrummers@gmail.com
All rights in this document above reserved to Daniel law office.
Last updated: May 2023