In this Refund Policy, the following terms have the following meanings:

 

“Business Customer”

means a purchaser of Goods which is not a Consumer.

“Calendar Day”

means any day of the year.

“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.

“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.

“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.

“Refund Policy”

means Our refund policy as stated here and as amended from time to time.

“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 as set out in Our shipping policy which can be found at Shipping Policy (https://mottobase.co.uk/pages/shipping-policy).

“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.

 

  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 1 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 1 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 2 for more details.
  • To return Goods to Us for any reason under this Clause 1, 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 1 and will reimburse You where appropriate.
  • Refunds (whether full or partial, including reductions in price) under this Clause 1 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 1 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. 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 2.2, 2.3, 2.7.3 and 2.9 will apply.
  • If You wish to exercise Your right to cancel under this Clause 2, 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 2.1 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 2.
  • 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 2 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 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 2 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 2, “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 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 2 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 3; (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.
  • This Refund Policy shall apply to any repaired or replacement Goods supplied by Us under this Clause 3.

 

  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 this Refund Policy will affect Your legal rights. This 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 1).
  • If We fail to comply with this Refund Policy, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of this Refund Policy 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 this Refund Policy 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.
  • Our total liability to you under this Refund Policy 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 this Refund Policy 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 2).
  • Except to the extent expressly stated in Clause 3 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 this Refund Policy 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 this Refund Policy, 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 this Refund Policy or any Contract.