TERMS AND CONDITIONS FOR THE SALE OF GOODS

 

 BACKGROUND:

These are Our terms and conditions of sale (“Terms”) and You should read them carefully before You buy anything from Us, either via Our website (the “Website”) or in store (the “Store”), as they apply to Your Order. By purchasing Goods from Us, You are confirming that You have read, understood and agree to be bound by these Terms. From time to time We may make changes to these Terms. You should check the Website regularly to review the Terms that will apply at the time of Your Order. You will be subject to the Terms in force at the time of You Order.

 

  1. Definitions and Interpretation

 

  • In these Terms, unless the context otherwise requires and unless defined elsewhere, the following terms have the following meanings:

 

“Business Day”

means any day other than Saturday or Sunday or a bank holiday.

“Business Customer”

means a purchaser of Goods which is not a Consumer.

“Calendar Day”

means any day of the year.

“Chosen Carrier”

means whom We use to dispatch the Goods to You.

“Consumer”

means a retail purchaser of Goods for his/her/their own enjoyment and not for re-sale.

“Contract”

means the contract for the purchase and sale of Goods, as explained in Clause 3.

“Goods”

means the goods which are to be supplied by Us to You as specified in Your Order.

“Month”

means a calendar month.

“Order”

means Your order for Goods, made via selected method.

“Order Confirmation”

means Our acceptance and confirmation of Your Order as described in Clause 3.

“Pre-Contract Information”

means information about Deco Moore Studio Limited, the Goods, pricing, and Your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection (Distance Selling) Regulations 2000 and other application legislation, which will be made available to You upon request.

“Price”

means the price payable for the Goods.

“Returns Address”

means Deco Moore Studio Limited, 94 Fulham Road, Chelsea, London, SW3 6HS

“Special Price”

means a special offer price payable for the Goods.

“Standard Delivery”

means Our standard delivery method.

“We/Us/Our”

means Deco Moore Studio Limited, a company registered in England under company number 12428967. Our registered office is at 94 Fulham Road, Chelsea, London, England, SW3 6HS.

“You/your”

means the person buying Goods from Us pursuant to these Terms.

 

  • Each reference in these Terms to “writing” and any similar expression include electronic communications whether sent by email, fax or other means.

 

  1. Information About Us

 

  • Deco Moore Studio Limited is a limited company registered in the United Kingdom with company registration number 12428967 and with its registered and Store address at 94 Fulham Road, Chelsea, London, SW3 6HS, United Kingdom.
  • Our VAT number is 403 7806 10.

 

  1. The Contract

 

  • These Terms govern the sale of goods by Us, via the Website or in the store and form the basis of the Contract between Us and You. Before submitting Your Order, You should ensure that You have read these Terms and the Pre-Contract Information carefully.
  • Nothing provided by Us including, but not limited to, information given on the Website, over the telephone, in sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance.
  • Your Order is an offer to purchase the Goods that We may, in Our discretion, accept and no Contract exists until We decide to accept it. Acceptance will be indicated by Our Order Confirmation which will be provided by email.
  • The content on the Website does not constitute advice on which You should rely. It is provided for general information purposes only.
  • Insofar as is permitted by law, We make no representation, warranty, or guarantee that the Website will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages Your device or other digital content belonging to You and You are a Consumer, You may be entitled to certain legal remedies.
  • We make reasonable efforts to ensure that the content on the Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning Goods for sale through the Website.
  • If We are unable to accept Your offer, We will inform You and We will not charge You for the Goods (or if We have already charged You, You will be refunded). There may be several reasons for this, including the fact that a Good is out of stock, the supplier has discontinued the Goods that You have ordered, We are unable to obtain authorisation for Your payment, Your order has not passed Our fraud screening process, You are purchasing an age-restricted Good, an item is unable to be shipped overseas to Your given delivery address due to transport or import restrictions, because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the Goods or because We are unable to meet a delivery deadline You have specified.

 

  1. Description and Specification of Goods

 

  • We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on the Website and in sales and marketing literature. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and/or differences in the colour reproduction of electronic displays. Nothing, however, excludes Our liability for mistakes due to negligence on Our part.
  • We are required by law to supply Goods that conform to the Contract. If You receive any Goods that do not conform to the Contract, please refer to Clause 8.
  • If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, You have received the wrong Goods, You may return the Goods to Us as provided in Clause 8.  If as a result of any such error or omission, You have paid too much, We will refund the excess paid for the Goods.
  • We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

 

  1. Orders

 

  • All Orders for Goods made by You on the Website or in the Store will be subject to these Terms.
  • You may request a change Your Order at any time before We dispatch the Goods by contacting Us. Requests to change Orders do not need to be made in writing. We will let You know if the change is possible.
  • If Your Order is changed We will inform You of any change to the Price, the timing of supply or anything else which is necessary as a result of Your requested change when You contact Us and We will ask You to confirm whether You wish to go ahead with the change. We will confirm the change in writing.
  • If You change Your mind, You may cancel Your Order at any time before We dispatch the Goods by contacting Us. Please refer to Clause 9 for details of Your cancellation rights.
  • We may cancel Your Order at any time before We dispatch the Goods in the following circumstances:
    • The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
    • An event outside of Our control continues for more than 30 days (please see Clause 13 for events outside of Our control).
  • If We cancel Your Order under sub-Clause 5.5 and You have already paid for the Goods, the payment will be refunded to You within a maximum of 14 Calendar Days. If We cancel Your Order, You will be informed by email.

 

  1. Price and Payment

 

  • The Price of the Goods will be that shown on the Website or advertised in the Store at the time of Your Order.
  • If We offer a Special Price, the Special Price will be valid for a specific period or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and You are unable to provide a valid promotion or voucher code when making Your Order, the Special Price will not be available to You.  Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept Your Order until after the period has expired.
  • Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
  • We make every reasonable effort to ensure that Our Prices, as shown on the Website are correct. Prices will be checked when We process Your Order.  If the correct Price of the Goods is lower than that shown on the Website, You will be charged the lower Price.  If the correct Price of the Goods is higher than that shown on the Website, We will inform You and ask You how You wish to proceed.
  • All Prices include VAT. If the rate of VAT changes between the date of Your Order and the date of Your payment, We will adjust the rate of VAT that You must pay.  Changes in VAT will not affect any Prices where We have already received payment from you.
  • Our Prices do not include the cost of delivery. We offer delivery options on Our Shipping Policy (https://mottobase.co.uk/pages/shipping-policy). The cost of Your chosen delivery method will be added on to the final sum due.
  • All payments for Goods must be made in advance before We can dispatch the Goods to you.

 

  1. Delivery

 

  • If You want to see Your delivery options, visit Our Shipping Policy (https://mottobase.co.uk/pages/shipping-policy) before You place Your order.
  • Any delivery dates specified are estimates and subject to change. We regret that specific delivery dates and times cannot be agreed when placing Your order. However, options are available at the point of booking with Our logistics team.
  • If You indicate when placing Your Order that You wish to collect the Goods from Us Yourself You may do so after receiving Our Order Confirmation, during Our business hours.
  • Delivery will be deemed to have taken place when the Goods have been received by You (or another person identified by you) at Your chosen delivery address or, if You are collecting the Goods from Us Yourself, when You have collected the Goods.
  • We are not liable for any delays and/or failures in delivery if We cannot gain access to the delivery address or under any event outside Our control. Event outside Our control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of any means of public or private transport.
  • If We cannot deliver Your goods within the timeframe notified to you, We will contact You to re-arrange delivery.
  • The Goods will be Your responsibility from the time We deliver them to You or a delivery carrier organized by You collects them from Us. You own the Goods once You have paid in full for them.

 

  1. Faulty, Damaged or Incorrect Goods


    • By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any Pre-Contract Information We have provided, and that match any samples or models that You have seen or examined (unless We have made You aware of any differences). If any digital content is included in the Goods, that digital content must also conform.  If any Goods You have purchased do not comply and, for example, have faults or are damaged when You receive them, or if You receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
    • Beginning on the day that You receive the Goods (and ownership of them) You have a 28 Calendar Days (or 14 Calendar days in the case of Goods sold at a Special Price) right to reject the Goods and to receive a full refund if they do not conform as stated above.
    • If You do not wish to reject the Goods, or if the 28 Calendar Day period has expired, You may request that the Goods are repaired or replaced. Within the first 6 Months after You have received the Goods, You are entitled to a repair or replacement unless We can prove that the defect was not present at the time You bought the Goods. After the first 6 Months, You must prove to Us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, We may instead offer You the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
    • If You request a repair or replacement during the first 28 Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that You receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.
    • If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing You significant inconvenience), You may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
    • If You exercise this final right to reject the Goods more than 6 Months after You receive them (and ownership of them), We may reduce any refund to reflect the use You have had out of the Goods.
    • Please note that You will not be eligible to claim under this Clause 8 if We informed You of any faults, damage or other problems with the Goods before Your purchase of them; if You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that You may not return Goods to Us under this Clause 8 merely because You have changed Your mind.  If You are a consumer, You have a statutory right to a 14 day cooling off period within which You can return Goods for this reason.  Please refer to Clause 9 for more details.
    • To return Goods to Us for any reason under this Clause 8, You may do so in person during Our business hours or You may return them by post or another suitable delivery choice to Our Returns Address. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse You where appropriate.
    • Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that You are entitled to the refund.
    • Any and all refunds issued under this Clause 8 will include all delivery costs paid by You when the Goods were originally purchased.

     

    1. Right for Consumer to Cancel If You Change Your Mind

     

    • If you are a Consumer and You have purchased Goods via the Website or telephone, You have a statutory right pursuant to the Consumer Contracts Regulations 2013 to cancel Your Contract with Us up to 14 Calendar Days after the Goods come into Your physical possession (i.e. You or another person identified by You taking delivery of the Goods under sub-Clause 7.4). You may cancel Your Contract and return the Goods to Us for any reason under this right. If You wish to cancel Your Order before receiving Our Order Confirmation or if You wish to cancel the Contract after receiving the Order Confirmation but before We have dispatched the Goods, sub-Clauses 9.2, 9.3, 9.7.3 and 9.9 will apply.
    • If You wish to exercise Your right to cancel under this Clause 9, You must inform Us of Your decision. You may do so in any way that is convenient to you.  Please ensure that You inform Us of Your decision to cancel before the period in sub-Clause 9.1 expires.  (Note that the cancellation period is defined as whole Calendar Days.  If, for example, You send Us an email or a letter by 23:59 on the final day of the cancellation period, Your cancellation will be valid and accepted).
    • We may ask You why You have chosen to cancel and may use any answers You provide to improve Our Goods and services, however You are under no obligation to provide any details if You do not wish to.
    • Please note that Your statutory right to cancel may be lost in the following cases:
      • If the Goods are sealed for health or hygiene reasons and You have unsealed those Goods after receiving them;
      • If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and You have unsealed those Goods after receiving them;
      • If the Goods have been inseparably mixed with other items (according to their nature) after You have received them.
    • You must return the Goods to Us no more than 30 Days after the day on which You have informed Us that You wish to cancel under this Clause 9.
    • You may return Goods to Us in person during Our business hours or You may return them by post or another suitable delivery service of Your choice to Our returns address.
    • Refunds under this Clause 9 will be issued to You within 14 Calendar Days of the following:
      • The day on which We receive the Goods back; or
      • The day on which You inform Us (supplying evidence) that You have sent the Goods back (if this is earlier than the day under sub-Clause 9.7.1);
      • If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which You inform Us that You wish to cancel the Contract.
    • Refunds under this Clause 9 may be subject to deductions in the following circumstances:
      • Refunds may subject to deductions for any diminished value in the Goods resulting from Your excessive handling of them. For the purposes of this Clause 9, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
      • We will make no deductions for damage to delivery packaging (i.e. additional packaging into which We have placed the Goods in their original packaging such as bubble wrap and a brown box) but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).
      • Standard Delivery charges (see sub-Clause 6.6) will be reimbursed in full along with the Price of the Goods, however We cannot reimburse any additional costs for Premium Delivery. If You chose a Premium Delivery option when You ordered the Goods, We will only reimburse the equivalent Standard Delivery costs as part of Your refund.
    • Refunds under this Clause 9 will be made using the same payment method You used when ordering the Goods.

     

    1. Business Customer’s Rights in Respect of Defective Products

     

    • If You are a Business Customer, We warrant that, on delivery, any Goods will (i) conform in all material respects with their description; (ii) be free from material defects in design, material and workmanship; and (iii) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
    • If (i) You give us notice in writing with a reasonable time of discovery that Goods do not comply with the foregoing warranty; (ii) We are given a reasonable opportunity of examining such Goods; and (iii) You return such Goods to Us at Your cost, We shall, at Our option, repair or replace the defective Goods, or refund the Price of the defective Goods in full.
    • We will not be liable for the Goods’ failure to comply with the foregoing warranty if: (i) You make any further use of such Goods after giving us notice in accordance with this Clause 10; (ii) the defect arises as a result of Us following any drawing, design or specification supplied by You; (iii) You alter or repaid the Goods without Our written consent; or (iv) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    • These Terms shall apply to any repaired or replacement Goods supplied by Us under this Clause 10.

     

    1. Our Liability to Consumers

     

    • If You are a Consumer, We are under a legal duty to supply Goods that are in conformity with the Contract and nothing in these Terms will affect Your legal rights. Our Refund Policy (https://mottobase.co.uk/pages/refund-policy) is in addition to Your legal rights.
    • If the Goods You have brought from Us are faulty or misdescribed You may have a legal right to end the Contract or to get the Goods repaired or replaced or to get some or all of Your money back (as set out in Clause 9).
    • If We fail to comply with these Terms, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Out total liability to you under these Terms will not exceed the Price paid by You to Us for the Goods applicable to Your claim.
    • We only supply the Goods to you for domestic and private use. We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

     

    1. Our Liability to Business Customers

     

    • Nothing in these Terms shall limit or exclude Our liability for: (i) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors (as applicable); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or (iv) any matter in respect it would be unlawful for Us to exclude or restrict liability.
    • If the Goods You have brought from Us are faulty or misdescribed You may have a legal right to end the Contract or to get the Goods repaired or replaced or to get some or all of Your money back (as set out in Clause 9).
    • Except to the extent expressly stated in Clause 10 all terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • We shall not be liable to You under any circumstances, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising under or in connection with these Terms or a Contract, for (i) loss or profits (whether direct or indirect); (ii) loss of revenue (whether direct or indirect); (iii) loss of sales or business (whether direct or indirect); (iv) loss of agreements or contracts (whether direct or indirect); (v) loss of use or corruption of software, date or information (whether direct or indirect); (vi) loss of or damage to goodwill (whether direct or indirect); or (vii) special, indirect or consequential loss, costs, damages, charges or expenses.
    • Our total liability to You for all other losses arising under or in connection with these Terms of any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to 125% of the Price paid by You to Us for Goods under these Terms or any Contract.

     

    1. Events Outside of Our Control (Force Majeure)

     

    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms:
      • We will inform You as soon as is reasonably possible;
      • Our obligations under these Terms will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      • If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible;
      • If an event outside of Our control occurs and You wish to cancel the Contract, You may do so. Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible.

     

    1. Complaints and Feedback

     

    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavors to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    • If You are unhappy with the goods, Our service to You or any other matter, please contact Our Customer Services Team as soon as possible.
    • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      • In writing, addressed to Ms. Banu Altay, 94 Fulham Road, Chelsea, London
      • By email, addressed to Ms. Banu Altay, Founder at info@decomoorestudio.co.uk;

     

    1. How We Use Your Personal Information (Data Protection)

     

    • We will only use Your personal information as set out in Our Privacy Notice.

     

      1. Other Important Terms

       

      • We may transfer (assign) Our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing.  Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
      • You may not transfer (assign) Your obligations and rights under these Terms (and under the Contract, as applicable) without Our express written permission.
      • These Terms and any Contract are between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
      • If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provisions will be deemed severed from the remainder of these Terms. The remainder of these Terms will be valid and enforceable.
      • No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.

       

      1. Governing Law and Jurisdiction

      These Terms, the Contract, and the relationship between You and Us (whether contractual or otherwise) will be governed by, and construed in accordance with the law of England and Wales.

       

      • Any dispute, controversy, proceedings or claim between You and Us relating to these Terms, the Contract, or the relationship between You and Us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England.