Terms and Conditions

1 Definitions

1.1 “Buyer” means the person or corporation who buys or agrees to buy the Goods from the Seller;

1.2 “Conditions” means these terms and conditions of sale and also any special terms and conditions agreed in writing by the Seller;

1.3 “Delivery Date” means the date specified by the Seller when the Goods are likely to be delivered as notified to the Buyer in the acknowledgement sent by the Seller upon acceptance of the Buyer’s order;

1.4 “Goods” means the articles which the Buyer agrees to buy from the Seller;

1.5 “Price” means the price for the goods as advertised on the website including VAT; if applicable.

1.6 This Website (https://www.demoura.co.uk) is controlled and operated by James De Moura Limited, a company incorporated in England and Wales under company number 07990477, whose registered office is at De Moura, The Village, Prestbury, Cheshire, SK10 4DG  (referred to in these terms and conditions as “we“, “us“, “our” or “the Seller“). Our VAT registration number is GB 138 2025 36.

1.7 “VAT” means value added tax and any other tax which the Seller is required by law to charge on or add to the price of the Goods.

2 Conditions Applicable

2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer as ordered by the Buyer through the Website to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to imply under any confirmation of order issued by the Seller.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions and the Seller will not be deemed to have accepted any offer unless the Buyer has acknowledged that he is aware of these conditions and that he is bound by their terms.

2.3 Acceptance of delivery of the Goods shall, if required, also be deemed conclusive evidence of the Buyer’s acceptance of these conditions.

2.4 Any variation to these conditions shall be inapplicable unless agreed in writing by the Seller.

2.5 The Seller is able to deliver to a select number of countries worldwide. The list of eligible countries is available on the website and subject to change at any time and without prior notice.

3 Price and Payment

3.1 The price for the goods shall be the price quoted for that item by the Seller on the Website. For delivery addresses within the European Union, the price is inclusive of VAT. Any other relevant taxes which, if applicable, shall be due at the rate in force as at the date of the Seller’s invoice will be added to the quoted price of the Goods. Should the Buyer request delivery to an address outside of the European Union, then VAT shall not apply and will accordingly not be quoted in the Price.

3.2 The Buyer shall pay for the Goods and any applicable VAT upon submitting an order via the website and the following provisions shall apply:

a) Payment shall be made by either credit or debit card registered in the name of the Buyer;

b) Payment shall be made in Pounds Sterling unless otherwise specified by the Seller;

c) If the debit or credit card used to make payment is rejected by the Buyer’s bank the Seller and the Buyer shall be deemed not to have entered into a contract for the sale and purchase of the Goods.

3.3 If prior to dispatching the Goods it becomes apparent to the Seller that a mistake has been made in the pricing of the Goods on the Website then the Seller may at its discretion rescind the agreement for the sale and purchase of the Goods provided that it notifies the Buyer of the error and within three days refunds in full the amount paid by the Buyer to the credit or debit card account used by the Buyer.

4 Communications between the Seller and the Buyer

4.1 When ordering goods through the Website the Buyer must provide the Seller with the following information:

a) A valid email address;

b) The address to which the credit or debit card used to make payment is registered;

c) If required, an alternative address for the delivery of the goods;

d) A contact telephone number including full national and area codes.

4.2 If the Buyer wishes to communicate with the Seller then this should be carried out using the “Contact Us” information as shown on the Website.

5 The Goods

5.1 The Seller believes the description of the Goods, as set out on the Website, to be accurate and is provided in good faith. However, any stated dimensions and descriptions are approximate and for guidance purposes only.

5.2 Whilst every reasonable effort has been made to accurately depict products, the equipment used to view the website may significantly affect the colours visible on the screen. The Seller therefore cannot be held responsible for the limitations of equipment used to view goods on the website.

5.3 All specifications, patterns, drawings, photographs and information provided by the Seller on the Website shall remain the exclusive property of the Seller.

5.4 The Goods shall be supplied in accordance with the description contained on the Website but the Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements provided these do not materially affect the quality or fitness for purpose of the Goods.

5.5 Where applicable, the fitting, assembly and installation of the Goods are the responsibility of the Buyer.

5.6 All orders are subject to availability, and items in the Buyer's shopping basket are not reserved and may be purchased by other customers until all checkout steps have been completed.

6 Warranties and Liability

6.1 Subject to the provisions of condition 5.3 the Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller on the Website.

6.2 If the Goods contain moving parts, and no manufacturer’s guarantee is provided, then the Seller warrants that the Goods will remain in good working order for a period of twelve months from the date of purchase. If the Buyer wishes to claim under this warranty then he must notify the Seller within forty-eight hours of him becoming aware that the goods are no longer in good working order and await authorisation from the Seller before returning the goods to the Seller using the procedure set out in Standard Condition 9. The Seller will not be liable under this warranty in cases where the Goods have been damaged as a result of the actions or fault of the Buyer or in the event that the Goods have been used for a purpose other than that for which they would reasonably be expected to be used.

7 Delivery of the Goods

7.1 The Goods shall be marked in accordance with the Buyer’s instructions for delivery and will be properly packed and secured for delivery in an undamaged condition.

7.2 Delivery of the Goods shall be made either to the Buyer’s address or such other address specified by the Buyer when ordering the Goods.

7.3 The Seller is responsible for selecting the method of delivery to the Buyer and will provide an anticipated delivery date to the Buyer (“the anticipated delivery date”).

7.4 If the Goods have not been received within seven days of the anticipated delivery date the Buyer must then forthwith notify the Seller that the Goods have not been delivered and must allow the Seller every opportunity to ascertain the reason why this has occurred.

7.5 The Buyer must make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery, including providing a signature for deliveries made by courier. 

7.6 If the Buyer orders more than one article from the Seller in a single transaction then the Seller may deliver the goods to the Buyer by separate deliveries.

7.7 The Buyer shall be responsible for paying any additional duties or taxes applied by the country to which the goods are to be delivered. Failure by the Buyer to pay such taxes shall not entitle the Buyer to obtain a refund of the price under any circumstances.

7.8 The Seller is not liable for any loss or damage due to any failure to deliver the Goods on the anticipated delivery date.

7.9 The risk in the goods shall pass to the Buyer upon delivery to the Buyer or his nominee taking place.

8 Acceptance of the Goods

8.1 Subject to the provisions of condition 8.2 the Buyer shall be deemed to have accepted the goods upon delivery to him or his nominee.

8.2 If after delivery the Buyer decides that he does not want to accept the goods then provided that he:

a) within fourteen calendar days after the date of delivery notifies the Seller that he no longer requires the goods and

b) returns the goods to the Seller at his expense, then the Seller shall refund the amount paid for the goods by the Buyer. Unwanted goods must be returned to the relevant address specified by the Seller within 14 calendar days of notification of cancellation. The refund shall be made to the original payment card used by the Buyer when ordering the goods.

8.3 The provisions of clause 8.2 do not apply to goods which either have been specially ordered, manufactured to a specification supplied by the Buyer or have been supplied by the Seller to comply with specific requirements of the Buyer to the extent that such goods are different from similar goods advertised on the Website.  This includes all non-stock items that are ordered by the Seller specifically on behalf of a single Buyer.

8.4 No refunds will be made by the Seller to the Buyer in the circumstances envisaged by sub-clause 8.2 unless the Goods are treated with due care and attention and returned to the Seller in an undamaged condition. It is the responsibility of the Buyer to ensure that the returned Goods are properly packed in order to minimise the risk of damage.  It would therefore be advisable to use a registered service in order to obtain proof of delivery.  The Seller declines all responsibility for goods that are not safely received at the returns address provided.

8.5 If the Buyer fails to notify the Seller that he does not wish to accept the goods within the time limit set out in sub clause 8.2 then the provisions of that sub-clause shall not apply and the Buyer shall not be entitled to any refund.  The form provided is the easiest way to notify the Seller of the Buyer's intention to cancel all, or part of an order, but it is not obligatory.  Notification may also be provided via email to [email protected] or by post to the address provided on "https://www.demoura.co.uk/contact-us/".  However, the Buyer should be aware that all forms of notification must be received within the fourteen calendar day period following the day of receipt of delivery, and therefore use of the form provided remains the best way to notify the Seller.  

9 Return of Damaged Goods

9.1 If upon delivery to the Buyer the Goods are found to be damaged then the Buyer must within forty eight hours following the date of delivery notify the Seller by email that the Goods were found to be damaged. In such an email the Buyer must give full details of the damage which has occurred and if possible provide photographs in support.

9.2 If the total value of an order exceeds one hundred pounds sterling, the associated goods must be inspected upon delivery and refused if they are damaged.  If such a shipment is accepted and its contents are subsequently discovered to be damaged, the Seller declines all responsibility.    

9.3 If requested by the Seller, the Buyer must arrange for the damaged goods to be returned to the Seller.  When returning the goods the Buyer must include proof of all expenses incurred by the Buyer in effecting the return of the goods.

9.4 Within fourteen days of the damaged goods coming back into the possession of the Seller it will, subject to availability, arrange for replacement Goods of the type ordered by the Buyer to be delivered to the Buyer on the same terms set out in these conditions.

9.5 Alternatively if when returning the damaged goods the Buyer specifies that he no longer requires the Goods then the Seller will, within fourteen days of receiving the damaged Goods, refund the purchase price to the credit or debit card used by the Buyer for payment and will also reimburse the Buyer of the notified costs and expenses incurred by the Buyer in returning the damaged goods to the Seller, provided that these are fair and reasonable in all the circumstances.  

10 Intellectual Property

The specification and design of the Goods (including the copyright, design, rights or other intellectual property in them) shall remain the exclusive property of the Seller.

11 Choice of Law and Jurisdiction

This Contract is subject to the law of England and Wales and it is agreed that any dispute arising out of this Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

12 Sale Goods

Any offers may be withdrawn at any time and without prior notice at the discretion of the Seller.   All offers are subject to stock availability.