Terms and Conditions


These Terms and Conditions are a legal agreement (“Agreement”) between you, the individual and/or entity (“Customer,” “you,” or “renter” or “user”) using the CymbalSwap.com website (“The Website”), and Cymbal Swap LLC, a Texas limited liability company (“Cymbal Swap,” “we,” or “our”), describing the terms and conditions applicable to your use of The Website, and the equipment rental and purchase services it provides (individually and collectively, “The Service”). Please examine this Agreement carefully and understand its contents fully before using The Service. By using The Service, including but not limited to viewing this website, creating a customer account, and/or placing a rental or purchase order, you are agreeing to be legally bound by these terms and conditions in their entirety.

1. Service

Cymbal Swap will lease and/or sell cymbals, equipment, musical products, or other merchandise (collectively the “Merchandise”) to you for your personal and non-commercial use at the rates set forth in the Merchandise descriptions on The Website. During your Cymbal Swap rental period, we grant you a limited, non-exclusive, non-transferable, license to access the Cymbal Swap Service and use Merchandise through the Service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. For Merchandise rentals, title to any Merchandise rented to Customer shall remain with Cymbal Swap. For Merchandise purchases, title to any Merchandise sold and risk of loss of such Merchandise passes to Customer upon delivery. Customer shall not cause or permit any rented Merchandise to be liened, levied, sold, sublet, or otherwise transfer or assign any rented Merchandise. We continually update the Cymbal Swap Service, including the availability of Merchandise. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service. The availability of Merchandise will change from time to time.

We may terminate or restrict your use of our Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use, (ii) engaged in illegal and/or improper use of the Service ; (iii) damage or fail to return Merchandise according to our service agreement; or (iv) for any other reason in our sole discretion.

You must be 18 years of age or older to use the Cymbal Swap rental service. Individuals under the age of 18, or applicable age of majority, may utilize the rental service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to this Agreement.

2. Billing

To begin your Cymbal Swap rental, you authorize us to charge you rental fee(s), shipping charges, & applicable taxes at the then-current rate, and any other charges you may incur in connection with your use of the Cymbal Swap Service, to one or more of your Payment Methods. Cymbal Swap requires a major credit card to be included as one of your Payment Methods as security for payment of rental fees, Merchandise replacement in the event Customer does not return rented Merchandise, late fees, damages to or loss of rented Merchandise, and any other costs you may incur, and Customer authorizes Cymbal Swap to place a recurring hold or authorization on their credit card for the retail sale price of the Merchandise listed on the Website until the Merchandise is returned damage-free. Customer authorizes and allows Cymbal Swap to charge one or more of their Payment Methods (including a major credit card) for the cost to repair or replace any unreturned or damaged Merchandise until the total balance due is paid. See Section 7 for additional information on unreturned rental Merchandise.

3. Price Changes

We reserve the right to adjust fees, Merchandise rental and purchase pricing, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes will not affect rental periods already in progress.

4. Rental Period

The initial rental fee for our Service will be billed at the time of checkout. You can choose to pre-pay for a specific duration of time for the Merchandise or rent for the minimum duration (7 days) (“Initial Rental Period”) and may be renewed for additional time (“Renewal Period”) as further described in Section 6. The rental period begins when you receive your rented Merchandise, which is indicated by a shipping service delivery notification, and the rental period ends when the package is scanned in for return by the shipping service.

Visit our Website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next rental period. We may authorize your Payment Method in anticipation of service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

Any return shipping charges that were charged to customer at checkout will be refunded to customer within 30 days of the purchase date in the event that customer purchases the Merchandise and no return is required.

5. Acceptance of Merchandise

Customer shall inspect the Merchandise at the time of delivery. Unless Customer provides Cymbal Swap with notice of any claim, shortages of, or defects in the Merchandise, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery, such Merchandise shall be deemed finally inspected, checked, and accepted by Customer.

6. Automatic Rental Period Renewals

The rental period for any rented Merchandise that is not returned at the end of the Initial Rental Period will automatically renew for successive one week (7 days) Renewal Rental Periods at the then-current rate for the Merchandise until the Merchandise is returned, or we are not able to process payment of the applicable rental fees using the Payment Method(s) on file after three (3) attempts, or your rental is otherwise terminated pursuant to these Terms and Conditions. Cymbal Swap will charge one of your Payment Methods for the full Renewal Rental Period at the commencement of such Renewal Rental Period. We will attempt to send you a reminder email concerning unreturned Merchandise prior to charging your Payment Method. Cymbal Swap will refund you for the prorated number of Renewal Rental Period days not used in the event that rented Merchandise is returned partway through a Renewal Rental Period.

7. Failure to Return Merchandise

In the event that merchandise is not returned at the end of the Initial or Renewal Rental Period and we are not able to charge your Payment Method(s) for the applicable rental fees after three (3) attempts, Customer agrees that they will be liable for and charged for the greater of: (a) the retail sale price of the Merchandise listed on the Website, less any rental fees already paid, or (b) the total rental fees owed. Customer authorizes and allows Cymbal Swap to charge one or more of their Payment Methods (including a major credit card) for the cost to replace, which shall be the retail sale price of the Merchandise listed on the Website, any unreturned Merchandise until the total balance due is paid. Customer further agrees that Cymbal Swap, in its sole discretion, may elect to recover or retake the Merchandise from Customer. Customer agrees to pay all costs of collecting the amount(s) owed and/or recovering the Merchandise from you, including all court costs, collection company costs, attorney’s fees, and interest. Customer agrees to indemnify and hold Cymbal Swap harmless from and against all claims associated with Cymbal Swap’s efforts or attempts to collect payment and/or recover Merchandise from you. Customer acknowledges and agrees that failure to return rented Merchandise without full purchase payment may be civil conversion or misapplication of property and Cymbal Swap may elect to take criminal and/or civil action against any Customer who does not return rented Merchandise and does not make full payment of any applicable rental fees or purchase price.

8. Rental Item Wear and Tear

Due to the nature of our business, our products may be rented repeatedly. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” on used and rented Merchandise and that we cannot guarantee new or like-new quality.

9. Damage, Destruction, and Loss

This Agreement presumes that Customer will return the rented Merchandise to Cymbal Swap in the same condition as delivered to Customer. Customer assumes all risks and is fully responsible for any damage, for whatever cause, to all Merchandise rented by Customer until the Merchandise is returned to Cymbal Swap. In the event of loss or damage of any kind to the Merchandise, Customer shall notify Cymbal Swap immediately upon discovery of damage or loss. Customer acknowledges that in the event any rented goods sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay Cymbal Swap the costs for repair or replacement thereof. In the event that Cymbal Swap determines, in its sole discretion, that repairing damaged Merchandise would not be economically or practically feasible, Cymbal Swap may elect to charge Customer for the replacement cost of the Merchandise. Customer hereby agrees that Cymbal Swap may charge your Payment Method for any such charges resulting from any alterations or damages to any rented Merchandise. Customer authorizes and allows Cymbal Swap to charge one or more of their Payment Methods (including a major credit card) for any repairs or replacements of damaged or lost Merchandise until the total balance due for the repair or replacement of the Merchandise is paid. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold Cymbal Swap harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the goods. Cymbal Swap is not responsible for any damage to the Customer’s own or personal equipment used in conjunction with the use of any Merchandise.

10. Customer Account

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Cymbal Swap; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration, contact, and payment information you provide to Cymbal Swap, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

11. Payment Methods

You may edit your Payment Method information by visiting our Website and clicking on the “Your Account” link, available at the top of the pages of the Cymbal Swap Website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. Cymbal Swap requires a major credit card to be included as one of your Payment Methods.

12. Cancellation; Early Returns

The minimum rental period is 7 days. You may return the cymbal earlier than 7 days, but we do not provide refunds or credits for any partial rental periods under 7 days. If you prepay for an amount over 7 days, but decide to return them earlier, we will refund you for the prorated number of Rental Period days not used.. Your Cymbal Swap rental Agreement does not end until any outstanding items are returned and any outstanding rental fees or the full purchase price for the Merchandise is paid. Cymbal Swap may cancel any pending rental order with or without cause, in its sole discretion.

13. Intellectual Property

You may not derive or attempt to derive, reverse engineer, decompile, disassemble, frame, scrape, republish, modify, or translate any Service, the Website, in whole or any part thereof or permit any third party to attempt the same. Cymbal Swap retains all intellectual property rights and other rights in and to the Service and the Website, and any changes, modifications, or corrections thereto.

“Cymbal Swap” and all other trademarks, service marks, graphics, and logos used in connection with the Service and the Website are trademarks or service marks of Cymbal Swap or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Cymbal Swap name or any Cymbal Swap or third-party trademarks, service marks, graphics, or logos.

14. Access and License to Use

Subject to your compliance with these Terms and Conditions, and your payment of any applicable fees, Cymbal Swap grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services and the Website. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Cymbal Swap or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cymbal Swap.

15. Third-Party Links, Sites, and Services

The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Cymbal Swap. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Cymbal Swap, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Cymbal Swap shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Cymbal Swap on the Service are subject to change. In consideration for Cymbal Swap granting you access to and use of the Service, you agree that Cymbal Swap and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

16. Warranty

Your purchase of new Merchandise or Merchandise that you are the first and only renter of may be eligible for the Merchandise manufacturer’s warranty subject to the terms contained herein and the applicable manufacturer’s restrictions. Any product warranty that a Merchandise manufacturer offers to consumers shall only be available to a Customer who purchases new Merchandise through Cymbal Swap if: (a) that Customer purchases the Merchandise new and unused; or (b) that Customer is the first and only renter of that Merchandise prior to the sale of the Merchandise to that purchaser. Any Merchandise warranty claims will be referred to and handled by the Merchandise manufacturer. Cymbal Swap does not offer any warranties on any Merchandise. Contact the Merchandise manufacturer for more information on any warranty they may provide.

Cymbal Swap provides all Merchandise “as-is” without any warranty, express or implied, including no warranty for merchantability or fitness for a particular purpose. SOME STATES (SUCH AS CT, KS, ME, MS, NH, WA, MA, AND WV) MAY NOT ALLOW THESE EXCLUSIONS OF IMPLIED WARRANTIES, AND, IF SO, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

Cymbal Swap’s liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the goods shall be limited to repairing or replacing such goods found by Cymbal Swap to be defective with new or reconditioned goods at Cymbal Swap’s discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such Merchandise. Customer expressly agrees that Customer’s sole and exclusive remedy against Cymbal Swap shall be for the repair or replacement of the defective goods or, with Cymbal Swap’s consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Cymbal Swap is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for the goods. UNDER NO CIRCUMSTANCES WILL CYMBAL SWAP BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT OR OTHERWISE.

18. Indemnification

Customer agrees to indemnify, defend and hold Cymbal Swap and its employees, officers, members, representatives, agents, successors and assigns harmless from and against any and all claims, liens, demands, suits, damages and liabilities for personal injuries and/or property damage, arising out of or caused by any intentional misconduct, negligent act or omission by Customer. The duty to defend as provided herein is separate and distinct from the duty to indemnify, and shall arise immediately upon the tender of any third party claim or demand, and shall continue until it is conclusively proven that there is no possibility for indemnity.

19. Termination

Cymbal Swap may terminate this Agreement and your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service.

20. Changes to the Terms and Conditions

Cymbal Swap reserves the right to amend or add to these Terms and Conditions (other than rental fees or purchase prices, which may be changed at any time without prior notice) at any time by giving you prior written notice of the change(s). The notice may be in the form of an email or other written notification.

21. Entire Agreement

These Terms and Conditions may not be modified orally and describe the entire agreement between Cymbal Swap and you with respect to its subject matter. Any prior arrangements, agreements, contracts, representations, warranties, purchase orders, bids, proposals, offers, or other communications, written or oral, that are inconsistent with these Terms and Conditions, are superseded and of no force or effect.

22. Governing Law

These Terms and Conditions shall be governed by and construed under the laws of the State of Texas, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

23. Force Majeure

Cymbal Swap will not be responsible for any delay or damages caused by events or circumstances beyond its reasonable control, including without limitation, acts of God, fire, storms, floods, epidemics, pandemics, other health crises, labor disputes, service outages, wars, hostilities, terrorism, states of emergency, changes in laws or regulations, or Cymbal Swap’s inability to obtain goods from its suppliers. Under any of these or similar circumstances, Cymbal Swap shall not be deemed to be in breach of these Terms and Conditions.

24. Assignment

These Terms and Conditions shall be binding upon and shall inure to the benefit of the successors and assigns of Cymbal Swap which may assign this agreement in whole or in part in its discretion. Customer may not assign or transfer the Agreement or these Terms and Conditions, in whole or in part, except upon the prior written consent of Cymbal Swap.

25. Severability

If any provision of these Terms and Conditions is unenforceable or invalid, these Terms and Conditions shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.

26. Discounts

Cymbal Swap will refund your return shipping fee if you decide to purchase the cymbal(s). This will be credited to your original payment method. You may use applicable promo codes for additional discounts, but cannot be redeemed for cash value. See the applicable promo code terms and conditions for details.

Version August 2, 2023