Terms of Service
Terms of Service
Overview
This website is operated by Richie Audio. Throughout the site, the terms “we”, “us” and “our” refer to Richie Audio and our proprietary brands, including DRUMCOBRA™. Richie Audio offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Section 1 - Trademark and Brand Disclaimers (Compatibility Notice)
1.1 Independent Aftermarket Manufacturer: Richie Audio and DRUMCOBRA™ are completely independent aftermarket brands, software developers, and hardware manufacturers. We are not an authorised dealer, distributor, partner, agent, or representative of any third-party brands listed on this website.
1.2 Third-Party Trademarks: All product names, logos, brands, and other trademarks featured, cited, or referred to within the richie.au website are the property of their respective trademark holders. This includes, but is not limited to:
- Electronic Drum & Audio Brands: Roland® (including V-Drums®), Alesis®, Yamaha®, Efnote®, Pearl® (including Mimic Pro®), 2Box®, ATV®, Gewa®, Simmons®, and Kat Percussion®. [1]
- Acoustic Drum, Cymbal, & Hardware Brands: Ludwig®, Tama®, Gretsch®, DW® (Drum Workshop), PDP®, Sonor®, Mapex®, Premier®, Yamaha®, Pearl®, Zildjian®, Sabian®, Paiste®, Meinl®, Remo®, and Evans®.
1.3 Non-Affiliation: None of these trademark holders are affiliated with Richie Audio, our products, our apps, or our website. They do not sponsor, endorse, review, register, or approve our aftermarket products, custom hardware modifications, software apps, or digital kit programs. [2]
1.4 Nominative Fair Use: Any reference to third-party trademarks, hardware brand names, or specific instrument model designations on this website is made strictly for descriptive and nominative purposes. This usage is intended solely to indicate the compatibility, physical fit, audio mapping, or structural application of DRUMCOBRA™ and Richie Audio products with third-party components.
1.5 App Store and Apple Ecosystem: Richie Audio distributes mobile software applications, including the PRO FEEL DM 101 iPadOS App, via the Apple App Store. Apple®, iPadOS®, iPad®, and App Store® are registered trademarks of Apple Inc. Richie Audio is an independent developer; our software products are built for use within the Apple ecosystem but are not officially licensed, sponsored, or certified by Apple Inc.
Section 2 - Product Modifications and Original Warranties
2.1 Impact on Factory Warranties: You acknowledge and agree that installing aftermarket parts, conversion kits, trigger systems, or DIY physical modifications (including DRUMCOBRA™ products) onto original acoustic or electronic drum gear, cymbals, or modules may void the original manufacturer’s factory warranty.
2.2 User Responsibility: Richie Audio accepts no liability or responsibility for any voided manufacturer warranties, structural failure, or cosmetic damage caused to your original equipment during the self-installation, modification, conversion, or use of our aftermarket parts. It is your sole responsibility to ensure installation is completed safely, correctly, and according to provided documentation.
Section 3 - Sale of Refurbished and Pre-Owned Equipment
3.1 Nature of Refurbished Goods: You acknowledge that certain items sold by Richie Audio are refurbished, pre-owned, or modified secondary equipment. These items are thoroughly inspected, serviced, and tested by Richie Audio before sale, but they are not brand-new factory products.
3.2 Absence of Original Manufacturer Warranty: Unless explicitly stated otherwise in the product description, refurbished items do not come with an active manufacturer’s factory warranty. Any factory warranty originally attached to the item has expired or been voided by the modification process.
3.3 6-Month Store Warranty: Richie Audio provides a voluntary 6-month store warranty from the date of purchase on all refurbished items. This warranty covers operational defects and hardware failures under normal use conditions. It does not cover accidental damage, liquid spills, cosmetic wear and tear, or unauthorised user modifications.
3.4 Australian Consumer Law Preserved: Nothing in this section limits, excludes, or modifies your non-excludable statutory rights under the Australian Consumer Law (ACL) [3.1]. Under the ACL, refurbished goods must still be of acceptable quality, fit for purpose, and match their description, taking into account the age, price, and pre-owned condition of the item [3.1, 3.2].
Section 4 - Australian Consumer Law (ACL) and Guarantees
4.1 Statutory Guarantees: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL) [3.1]. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value [3.1]. [3, 4]
4.2 Remedies: You are also entitled to choose a refund or replacement for major failures with goods [3.2]. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time [3.2]. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion [3.2].
4.3 Limitation of Liability: To the maximum extent permitted by law, Richie Audio’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at our option, to the replacement or repair of the goods, or the cost of replacing or repairing the goods.
Section 5 - Digital Products and Preset Software Licensing
5.1 Nature of Digital Goods: Richie Audio sells digital preset data and custom kit programs designed to be imported into electronic drum modules via digital storage media (such as SD Cards).
5.2 Instant Delivery and No-Refund Policy: Because digital products are delivered instantly via download link upon successful checkout, all sales of software, preset files, and digital kit programs are final. Once a download link has been generated or accessed, the transaction cannot be cancelled, and no refunds or exchanges will be provided under standard circumstances.
5.3 Exclusion of Voluntary 6-Month Warranty: For the avoidance of doubt, the voluntary 6-Month Store Warranty outlined in Section 3.3 applies strictly to physical, refurbished hardware components (modules, cymbals, triggers). It does not apply to digital sound files, presets, or software code, which are sold "as-is" regarding their baseline audio profile.
5.4 ACL Rights Maintained: Consistent with all sections of these Terms, digital items remain fully protected under the non-excludable statutory guarantees of the Australian Consumer Law (ACL) [3.4]. If a digital file is corrupt, fundamentally defective, or fails to install due to a processing error on our server, Richie Audio will provide a replacement digital copy or remedy within a reasonable timeframe.
Section 6 - Intellectual Property
6.1 All content included on this website, such as text, graphics, logos, images, digital downloads, data compilations, software code, and product design layouts (specifically including DRUMCOBRA™ product lines), is the exclusive property of Richie Audio and is protected by Australian and international copyright and intellectual property laws.
Section 7 - Online Store Terms
7.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence.
7.2 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
7.3 A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 8 - Accuracy of Billing and Account Information
8.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
8.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 9 - Third-Party Links
9.1 Certain content, products, and services available via our Service may include materials from third parties or links to third-party websites (such as video installation tutorials, hardware configuration guides, or software tools) that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.
Section 10 - Severability
10.1 In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 11 - Governing Law
11.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within Australia. [5]
Section 12 - Changes to Terms of Service
12.1 You can review the most current version of the Terms of Service at any time at this page.
12.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 13 - Contact Information
Questions about the Terms of Service should be sent to us at:
- Email: r.richie.au@gmail.com
- Business Name: Richie Audio
- ABN: 68 145 024 442