Terms & Conditions
- PURCHASING ELIGIBILITY
- PRODUCT AVAILABILITY; QUANTITY
- ACCOUNT REGISTRATION; PERSONAL INFORMATION; CHECKOUT AS GUEST
- PRICES, TAX AND SHIPPING COSTS
- REVIEW AND CONFIRMATION
- PAYMENT BY CREDIT CARD
- ORDER PROCESSING
- CONFIRMATION OF ORDER
- COMPLIMENTARY SERVICES
- SHIPPING POLICY
- RETURN POLICY
- ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
- ENTIRE AGREEMENT
- NO WAIVER
- GOVERNING LAW
The following terms and conditions and any other related rules that are adopted by Demours and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Demours products that you (the “Customer” or “you”) may order from Demours, having its executive office at 630 Fifth Avenue, Suite 2000, New York, NY 10111, U.S.A (“Demours” or referred to herein as “us”, “our” or “we”) either (a) on the Internet via the Demours eCommerce Website, identified by the domain name “www.demourscoffee.com” (the “Website”) or (b) via the Concierge client relation center of Demours (the “Concierge”), which may include but is not limited to phone sales.
These Conditions of Sale shall apply to all sales made through the aforementioned Website or the Concierge.
Demours may modify the Conditions of Sale from time to time, at its sole discretion. If you are placing an order through the Website, then by checking the “I Accept” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale and all modifications therein.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts may order products through the Website or the Concierge. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby consent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Website or the Concierge, with the exception of authorized Fine Dining Clients, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Demours products or purchase Demours products for commercial purposes or any other commercial benefit. If Demours believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then Demours may refuse such order.
3. PRODUCT AVAILABILITY; QUANTITY
All orders placed through the Website or the Concierge are subject to availability and acceptance by Demours.
Demours reserves the right to change the assortment of items proposed on the Website or through the Concierge and may limit from time to time the quantity of Demours products that may be ordered by a Customer in a single buying session.
The Concierge and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those items displaying the “add to bag” button are available for sale through the Website. Demours reserves the right to change from time to time the assortment of items offered on its product pages. Should you have questions you may also contact the Concierge at firstname.lastname@example.org and a Demours Concierge will provide you with further information as to product availability and assist you with your purchase.
4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
To place an order through the Website or the Concierge, you or the Demours Concierge (on your behalf) may either register and create an online account on the Website, or place an order as a guest without creating an online account by selecting the "Checkout as Guest" option that is only available on the Website. In order to register an online account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority. Additionally, for Guests who are redeeming gift cards, you will be required to register for security purposes.
In creating a permanent account registration on the Website or by the Demours Concierge, you will be prompted to enter your own email address as your user name and to create your own private password. You will receive a welcome email as confirmation of your registering for your online account with Demours. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Demours will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
Should any of the information you provide to the Website or the Concierge change, please login to your account and update such information directly on the Website. Moreover, in the event that Demours reasonably suspects that a third party has breached a customer's registration or that your credentials, i.e., user name and/or password have been compromised, Demours shall immediately cancel and terminate such account, and notify you via email or telephone.
6. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Website or quoted by the Concierge are in U.S. Dollars.
Demours reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Concierge, at the time Demours provides you with a Confirmation of Order, will be honored by Demours.
Actual shipping costs and applicable taxes will be reflected on your Order Review page before you are asked to confirm and place your order (for a Website order), or will be quoted by the Concierge (for all other orders), and will also appear on your Order Confirmation email as well as your invoice. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options. The actual sales tax associated with your purchase will be calculated at the time when your order is placed, at which point you will receive an Order Confirmation email. Please note that changes to applicable law between the date your order is placed and the date you are sent an Order Confirmation email may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
7. REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through the Website or the Concierge, including without limitation the particulars of each sale, which will be provided by the Website (for a Website order) or the Demours Concierge (for orders placed through the Concierge).
8. PAYMENT BY CREDIT CARD
Demours accepts the following credit cards: Visa, MasterCard, Discover/JCB and American Express. Cards issued by banks domiciled outside the United States of America will be accepted at our sole discretion.
When ordering on the Website, you will need to enter your payment details on the appropriate form. Whether you order via Website or Concierge, you will need to communicate your credit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). In the event you order via telephone conversation through the Concierge, your call may be recorded for security and quality control purposes. Any telephone conversation recorded by our Concierge that contains your credit card information will be fully encrypted and only used to process card transactions.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Demours, you will need to contact your card issuer directly to resolve this problem, and Demours will not be liable for any delay or non-delivery.
To process your order, we may perform a pre-authorization of your credit card. The amount of your purchase may be blocked on your credit card until your order is processed, at which time you will be sent a Order Confirmation email and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Demours products on the Website or through the Concierge, you expressly authorize Demours to perform such credit card pre-authorization and, where Demours deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
In order to secure your transaction and prevent fraud, Demours will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Demours to perform such checks and, where Demours deems necessary, from time to time to transmit or obtain information that you have provided to Demours about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
9. ORDER PROCESSING
Once you have placed your order via the Website or the Concierge, Demours will conduct its usual security and anti-fraud checks and immediately begin processing your order.
10. CONFIRMATION OF ORDER
Upon receipt of your order, following completion by Demours of its anti-fraud and security checks, Demours will send you an Order Confirmation email. The Order Confirmation email constitutes the acceptance of your order by Demours and indicates the existence of a binding sales contract. This Order Confirmation email will contain an Order Reference Number assigned by Demours along with the invoice showing an itemized and detailed description of products purchased as well as corresponding pricing. Please make sure that you save this Order Reference Number for any future inquiries regarding your order.
11. COMPLIMENTARY SERVICES
The following complimentary service will be proposed, free of charge, on the Website or by the Concierge:
- No complimentary services are provided at this time.
12. SHIPPING POLICY
We accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia as well as International addresses at our sole discretion. Please note that Demours does not ship to PO boxes.
Delivery costs will be assessed by Demours and when applicable, will be in addition to the price of the Demours product. The cost of delivery shall be calculated according to address of shipment.
When estimating package delivery time, please allow for credit approval, address verification and order processing. Our policy is to ROAST ALL COFFEE UPON RECEIPT OF ORDER AND SHIP ALL ORDERS NO LATER THAN THE FOLLOWING BUSINESS DAY. Once the order is processed and shipped, you will receive the Shipping Confirmation email. Estimated Delivery Lead time (as seen in chart below) is calculated from date of Shipping Confirmation email. We will provide a Tracking# link within the Shipping Confirmation email that will assist in tracking your package when necessary to ensure you receive your order. For additional assistance please contact email@example.com, state the reason for your inquiry (order tracking) and provide your Order and Shipping Reference numbers.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:
|Type of delivery||Provider||Estimated
Delivery Lead Time
|Charge to Customer|
|Standard||UPS, FedEx||1-2 Business Days*||Billed to Customer|
|Express||UPS, FedEx, USPS Priority||2 Business Days*||Billed to Customer|
|Overnight||UPS, FedEx, USPS Priority||1 Business Day*||Billed to Customer|
|International Standard||UPS, DHL (Int’l only)||2-5 Business Days*||Billed to Customer|
|International Express||UPS, DHL (Int’l only)||1-3 Business Days*||Billed to Customer|
*Saturday will not be considered as a regular business day with respect to estimated delivery lead time. Delivery on Saturday may however be proposed as a service to specific zip codes by the Concierge. Please contact the Concierge at firstname.lastname@example.org for more information. Each delivery package will contain, in addition to your purchased Demours product: (i) all related accessories, if any, (ii) the edition card; (iii) brand book; (iv) with compliments note; (v) brewing instructions; (vi) paid invoice with pricing not revealed and (vii) the documents envelope. When ordering products on the Website or through the Concierge, you, as the Customer, will receive an Order Confirmation email to include the invoice showing an itemized and detailed description of products purchased as well as corresponding pricing. In the event your Order Confirmation email with the attached invoice is misplaced, you may request the invoice by contacting the Concierge at email@example.com, state the reason for your inquiry (invoice request) and provide your Order Reference number. Please note that Demours may request that you provide proper identification as a condition to complying with such request.
Demours insures, not to exceed a predetermined amount as set by selected shipper, each purchase for the period of time during which the package is in transit. At our sole discretion, Demours may require a signature by an adult to confirm your receipt of product delivery, at which point responsibility for purchased goods passes to you. If a package is shipped which requires a signature for delivery and the carrier is unable through normal procedure to obtain said signature, you agree that notice by carrier is evidence of delivery and fulfillment of the sale contract by Demours and therefore the responsibility of goods are transferred.
13. RETURN POLICY
In order to ensure your total satisfaction, a Customer may return merchandise if it is in its original packaging, the product is unused and in accordance with the return and exchange policy set forth below. However, we do not accept returns on coffee orders as the product is perishable and cannot be reused. As such, please order carefully to ensure that the correct shipping address is entered at the time of order placement. Returns of merchandise that are not in compliance with the conditions and time frames set forth below may be rejected by Demours and will be returned to the Customer.
13.1. Return Period
Demours allows the Customer to return merchandise purchased through the Website or the Concierge (in the condition as previously stated), within fourteen (14) days following receipt, but subject to the further terms and conditions set forth below.
13.2. Return Process
Subject to the terms in our Return Policy, merchandise that has been purchased on the Website or through the Concierge may be returned to the Demours distribution center, at the following address: Demours, Attention: Merchandise Returns, 2511 Riverside Drive, Suite B-3, Chattanooga, TN 37406.
If a Customer wishes to return merchandise to the Demours distribution center, then such person must comply with the following steps:
- Contact the Concierge at firstname.lastname@example.org, state the reason for your inquiry (Merchandise Returns), provide your Order Reference number and reason for return to request a Return Authorization number. This Return Authorization number is required prior to returning any merchandise to Demours,
- Customers whose returns are authorized will receive a Return Authorization Number email which must be printed, completed, signed and included in the return shipment,
- The completed email form along with the merchandise, all its accessories, the Merchandise Manual, the Certificate of Authenticity, the Warranty Card and all other documents, in its original box and delivery package,
- Return shipping charges are the responsibility of the customer,
- The Customer must maintain proof of return shipment. Demours accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Demours distribution center will be eligible for a refund or exchange.
Upon receiving a return, Demours will verify that the returned merchandise satisfies the conditions of the return policy and, if so, will proceed, at its sole discretion, with the applicable refund or exchange.
13.3. Conditions to Return of Merchandise
Demours merchandise must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them. Demours will not accept any return if the merchandise or package shows signs of wear, or has been used or altered from its original condition in any way.
13.4. Refunds and Merchandise Credit
Should a product be returned to the Demours distribution center, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund or exchange. A Gift Recipient may, however, be entitled to merchandise credit as provided below.
Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. Demours will use all reasonable effort to credit the refund to the Customer’s credit card no later than fourteen (14) days after receipt or to exchange the merchandise no later than fourteen (14) days after receipt of the returned item.
Customers and Gift Recipients may be permitted to exchange merchandise purchased on the Website or through the Concierge for other Demours merchandise if the merchandise to be exchanged satisfies the conditions of the return policy.
Demours will send an invoice to the Customer which specifies the value of the returned merchandise, the price of the item for which the original merchandise has been exchanged and the difference to be paid by Customer or the amount that the Customer is entitled to receive, as indicated below.
Should merchandise be returned for exchange to the Demours distribution center by a Customer or Gift Recipient, the Customer will be entitled to receive a refund of the price difference if the merchandise to be exchanged is of a greater value than the desired Demours merchandise. A Customer or Gift Recipient that wishes to exchange Demours merchandise can do so by following the procedures set forth in the aforementioned return process for the request of a Return Authorization number.
Gift Recipient will be entitled to receive merchandise credit of the price difference, in case the original merchandise is of a greater value than the item to be received in the exchange. If the returned merchandise is of a lesser value than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.
13.6. Defective products
Demours is a distributor of only the highest quality merchandise and as such is committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If, however, you receive merchandise which appears to be damaged or is in anyway defective, you may return it to Demours in accordance with the return policy stated above. Upon receipt, Demours will bench test the merchandise to determine if returned merchandise is defective. Please note items that are damaged as a result of reasonable wear and tear will not be considered defective.
If your merchandise is classified as defective by Demours, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
- Demours may exchange the identical merchandise, subject to availability,
- Demours may propose an exchange for other Demours merchandise of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
- the Customer may request a refund of the full price of initial purchase. Not to include Gift Recipients.
For any repair inquiries, please contact our Concierge by emailing email@example.com, state the reason for your inquiry (Merchandise Repair) and provide your Order Reference number.
If you purchase a Demours product as a gift for a Gift Recipient, you will receive an Order Confirmation email to include the invoice showing an itemized and detailed description of products purchased as well as corresponding pricing. The Gift Recipient will receive the invoice showing an itemized and detailed description of products purchased with pricing not revealed.
16. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
While Demours endeavors to verify the accuracy of any information it places on the Website, in advertisement, catalog or by the Concierge, it makes no warranties, whether express or implied, in relation to the accuracy, reliabilty and completeness of such information. Demours does not confirm the price of a Demours product until an Order Confirmation email has been issued by Demours, indicating the existence of a binding sales contract. If a Demours product’s correct price is higher than the price posted on our Website, then Demours will either contact the customer for instructions before shipping the order or cancel the order and notify you of such cancellation. While every effort will be made to ensure that the descriptions, photographs or graphical representations of the Demours products displayed on the Website or in a catalog are as accurate as possible, Demours does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise. Accordingly, the customer’s sole remedy in the event of any such error is to return the product as set forth in our return policy.
17. ENTIRE AGREEMENT
18. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
19. GOVERNING LAW
This Agreement shall be construed, interpreted and governed according to the internal laws of the State of Tennessee without regard to choice of law principles. Any action, dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof relating to any Demours product purchased through the Website or Concierge or any other issue pertaining to this Agreement shall be brought in the courts located in Hamilton County, Tennessee, and each party irrevocably consents and agrees to the venue and jurisdiction of such courts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. The parties hereto all agree to execute all other documents as may be necessary or desirable to carry out the terms of this Agreement.
Last Revised: January 3, 2015