Shopping at Winterson
Terms & Conditions
These terms and conditions apply to all users of the www.winterson.co.uk website operated by Winterson Limited (‘Winterson’, ‘we’, ‘us’ or ‘our’) and referred to as the ‘Website’ for the remainder of this document.
By using any part of the Website, registering, placing an order and/or submitting a comment, you agree to be bound by these terms and conditions, including any and all terms and conditions set out in the separate sections referred to herein. You also acknowledge that you have read and understood the practices set out in our Privacy Policy.
We recommend that you read this document, together with the separate sections, carefully before placing your order.
You will be subject to the version of these terms and conditions that are in force at the time you place your order with us. Please note that these terms and conditions may be amended or updated at any time and without notice. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the Website.
If you have any queries concerning our conditions of service please email [email protected] or call +44 (0) 207 183 2245 before placing an order.
This document is only available in English.
About Us
This Website is operated by Winterson Limited (trading as Winterson), whose registered office is at Suite 1, 7th Floor, 50 Broadway, London, SW1H 0BL, United Kingdom.
Winterson Limited is a registered company in England and Wales with Company Number 7280401 and VAT Number 992180500 (′we′ or ′us′).
Accessing Our Site
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or to our entire Website, to users who have registered with us.
Privacy & Security
For detailed information regarding our privacy practices, please refer to our Privacy Policy.
The Website may contain links to third party websites that are not owned or controlled by Winterson. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Winterson will not and cannot censor or edit the content of any third party website.
By using the Website, you expressly relieve Winterson from any and all liability arising from your use of any third party website.
Terms Of Sale
Eligibility
In order to register for use of this Website and to purchase goods or services from this Website you must be over 18 years of age and have a valid debit or credit card. In placing an order you warrant that all details provided by you are true and accurate, that you are the authorised user of the credit or debit card used to place the order and that sufficient funds are available to complete the order. Winterson retains the right to refuse any order made by you.
Pricing and availability
All prices for goods and services are displayed in British Pound Sterling on this Website, and are inclusive of value-added tax (VAT) where applicable, but exclude any delivery charges. All prices displayed are subject to change without warning. You may be required to pay extra for delivery and we have absolute discretion not to deliver to some locations. Our delivery charges are set out in the separate section entitled Delivery.
If you order goods to be shipped outside of the United Kingdom, they may be opened and inspected by customs authorities and you may be required to pay import duty, custom charges and/or other local taxes when the delivery reaches the specified destination. Winterson will exclude any VAT charges, when permitted by law, based on the country to which the product is to be delivered. Customs policies vary widely from country to country so please contact your local customs office for further information. Please note that the payment of any import duties, customs charges, local taxes or any administration charges paid to couriers in relation to these fees, is for your own account. Winterson cannot be held responsible for the payment of any of these duties, taxes or charges.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
From time to time we may offer discount codes to our registered and prospective customers; such codes are governed by the terms and conditions explicitly set out against them. Any discount codes made available for use on the website will be available for a limited period of time only. Such codes may only be applied to purchases of full-price goods and cannot be used in conjunction with any other offer or discounts.
Placing An Order
Every order that you place on this Website will be subject to acceptance in accordance with these terms and conditions. The final details of your order will be set out on the "Check Out" page prior to proceeding to the "Payments" pages. You may check and correct any input errors in your order up until the point you submit your order to us on the “Payment” pages. It is your responsibility to inform us immediately if there are any errors in your order. We must receive payment in whole for the price of the goods that you order before your order can be accepted.
On placing an order with us you will receive an email from us at the e-mail address you provide in your order form acknowledging receipt of your order. Please note that your order is subject to availability and this email does not constitute acceptance of your order. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the goods have been dispatched.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import and/or other permits to purchase goods from our Website. Should the importation of our goods be prohibited, we make no representation and accept no liability in respect of the import of any goods that you purchase.
For detailed information regarding how to place an order, please refer to the separate section entitled Order and Payment.
Payment
Upon receiving your order we will conduct standard pre-authorisation checks on your payment card to ensure that sufficient funds are available to complete the transaction.
For detailed information regarding our payment security policies, please refer to the separate section entitled Payment Security.
Contract
Once you have placed your order, we will send you a confirmation email acknowledging receipt of your order. The email we send to confirm the goods have been despatched constitutes our acceptance of a legally binding contract with you to supply the goods detailed within the email. Your payment will only be processed once we have confirmed that your order has been despatched.
Dispatch
Shipping times may vary and are subject to availability of stock. You should also factor in any additional time required to complete goods that have been customised or made to your own specifications. Our delivery time estimates are limited to mainland UK and may be subject to delays outside of our control. We will not be held responsible for delivery services supplied by third parties or delays within the postal network.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods. If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
Ownership of the goods and the risk of damage to the goods will pass to you upon delivery, provided we have received full payment of all sums due in respect of the goods, including delivery charges. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. We shall repair or replace, free of charge, any goods damaged where delivery has been made by our carrier, provided that you give us written notification of such damage within 7 working days of the date of receiving the goods.
If the goods we deliver are not what you ordered or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question. If you do not receive goods ordered by you within 7 working days of the date you received the email from us to confirm that they have been dispatched, we shall have no liability to you unless you notify us by e-mail or telephone at our contact address of the problem within the next 7 working days (you must therefore contact us no later that 14 working days from the date of the email from us to confirm that the goods have been dispatched). If you notify us of a problem our only obligation will be, at your option, either to make good any non-delivery or to refund to you the amount paid by you for the goods in question in whatever way we choose.
For detailed information concerning delivery pricing and dispatch timing please see the separate section entitled Delivery.
Cancellation By You
You may cancel your contract with us for the goods you order at any time up to the end of the 30 days from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
To cancel your contract you must notify us by email at [email protected] or telephone us on +44 (0) 207 183 2245.
You must not remove the security tag(s) from any of the goods until you are sure you want to keep them.
Due to their unique nature, you cannot cancel your order, have the relevant goods exchanged and/or returned to us if they have been customised or made to your own specifications, unless such goods were damaged or faulty when delivered to you or have been incorrectly delivered.
Once you have notified us that you are cancelling your contract, any sum debited from your credit card will be credited to your account as soon as possible and in any event within 14 days from when you cancelled your order.
You have a legal obligation to take reasonable care of the goods delivered to you while they are in your possession. If you fail to comply with this obligation, we may have a right to claim the cost of deterioration from you.
For further information on how to return your goods from within the UK or from overseas, please refer to the separate section entitled Returns.
Intellectual Property
The content displayed within this Website, except all Postings (as defined in the section User Generated Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and all the registered and unregistered trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Winterson and are subject to copyright and other intellectual property rights.
All rights are reserved by Winterson and its licensors. Such Content is provided for your information and personal use only and may not be used for the purposes of a business or commercial enterprise.
You are not permitted to download, retransmit publish, manipulate, distribute or otherwise reproduce any of the content we supply to you or that appears on this Website without prior written permission from us.
User Generated Content
The Website may, from time to time, make available blogs, message boards, news groups and/or other public forums (collectively 'Forums') available to its users. We do not control the material submitted to Forums (collectively 'Postings'), nor are Forums actively moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.
If you participate in any Forum, you must:
- keep all Postings relevant to the purpose of the Forum and the nature of any topic;
- not submit any Posting that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
- not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements;
- not submit any Posting containing any form of advertising; and
- not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
Whilst we do not pre-screen Postings, we reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any Posting must be sent to [email protected] and must contain details of the specific Posting giving rise to the complaint.
Prohibitions
You must not interfere with the smooth running and operation of this Website.
You will not commit or encourage a criminal offence; transmit or distribute harmful or malicious software; attempt to interfere with or cause disruption to the technical platform on which this Website is hosted or the service offered by this Website; and/or send unsolicited promotional material or ‘spam’ to email addresses contained within this Website.
Breaching this provision may constitute a criminal offence under the Computer Misuse Act 1990. Winterson will report any such breach to the relevant legal authorities and will disclose all relevant information that could be used to ascertain your identity.
Disclaimer
You agree that your use of this Website shall be at your sole risk.
Except to the extent that these terms and conditions apply to the supply of goods, Winterson and its officers, directors, employees, and agents disclaim all warranties, conditions or other terms of any kind, express or implied, in connection with the Website and your use of it to the fullest extent permitted by law.
Winterson makes no warranties or representations about the accuracy or completeness of this Website's content or the content of any websites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) property damage of any nature whatsoever, resulting from your access to and use of our Website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by us or any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
Winterson does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or featured in any banner or other advertising, and Winterson will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Winterson and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Winterson.
Limitation Of Liability
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
Invalidity
If any part of these terms and conditions is unenforceable, including any provision in which we exclude and/or limit our liability to you, the enforceability of any other part of these conditions will not be affected.
Events Beyond Our Control
We will not be in breach of these terms and condition or otherwise liable for any delay and/or failure to perform if such delay or failure is due to circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion and/or accident.
Compliance
You agree to comply with these terms and conditions, including its separate sections.
Should you breach these terms and conditions, you will be responsible for the costs and expenses that we incur as a result of such breach including reasonable legal fees (if applicable). You will be liable for the actions of those whose your account and/or personal information unless you can prove such use was fraudulent.
Entire Agreement
These terms and conditions, together with its separate sections, set out the whole of our agreement relating to the supply of the goods to you by us.
Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us.
Save for fraud or fraudulent misrepresentation, we shall have no liability for any misrepresentation. We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our Website. From time to time our site may contain technical inaccuracies or typographical errors.
Governing Law & Jurisdiction
These terms and conditions are to be governed by the laws of England and in the event of any dispute between us regarding them or this Website will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
