TERMS AND CONDITIONS
Terms and Conditions 2022
Summer & Winter is a trading name of Chimes Home & Garden Ltd – When you order from Summer & Winter you will become a customer of Chimes Home & Garden Ltd – All Payments on your bank statements will state Chimes Home & Garden Ltd
By purchasing from our website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy and Cookie policies, and our Delivery and Refunds Policy, govern Summer & Winter relationship with you in relation to your purchase. If you disagree with any part of these terms and conditions, please do not use our website.
* The term ‘Summer & Winter’ or ‘us’ or ‘we’ refers to the owner of the website. The Registered Company address of Chimes Home and Garden Ltd Summer & Winter is:
- Hawkswood Road
- CM11 1JT
Company registration number: 12241252
*The term ‘you’ refers to the user or viewer of our website.
We control and operate our website and showroom from our offices in England. Accordingly the laws of England and Wales govern claims relating to them, including the use of our website and the materials contained therein. If you choose to access our website from outside of England or Wales you do so on your own initiative and you herby agree that in an event of a dispute between us and you that the laws of England and Wales apply at all times.
The content of the pages of this website is for your general information and use only. It pricing, products and general information are subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements, on purchase point and delivery.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
summerandwinter.co.uk are secure websites. Every time you enter an area of the site that carries or requires sensitive information an icon will appear at the bottom of your browser window as an indication that the site is secure. We take care to encrypt your credit card number, name, address, phone number, identification number and password as it travels through the Internet, so that it cannot be read by anyone other than the secure server.
Terms of Sale
Your order is an offer to Summer & Winter to buy the product(s) in your order. When you place an order to purchase a product from Summer & Winter, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Summer & Winter. Without affecting your right of cancellation set out below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Summer & Winter. Without affecting your right of cancellation set out below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
You consent to receive sales invoices electronically. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available and how to access it. Alternatively a paper invoice may be issued and delivered to you with your goods of purchase, or a VAT invoice provided on request.
The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel.
Summer & Winter holds the right to cancel any order should they for any reason be unable to fulfil it.
If there are any problems with your order, you may be contacted by our Customer Services Team up to 24hrs before dispatch. Please note that non-acceptance of an order may be a result of the product you ordered being unavailable from stock, our inability to obtain authorisation for your payment, the identification of a pricing or product description error, or not meeting the eligibility to order criteria, as set out in these general Terms & Conditions and/or our Delivery and Refund Policy and/or our Cookies and Privacy Policies.
Payment and Refusal of Transaction
All prices are inclusive of VAT at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered and any delivery charges.
We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under English law you must register by providing your real name, phone number, email address, payment details and other requested information. You must be over 18 years of age. You must stipulate a delivery address in the United Kingdom (Please note that PO Box numbers, hotels and accommodation addresses are not acceptable) and you must possess a valid credit or debit card issued by a bank registered to the address you have provided.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
By making an offer to buy a product you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties, including but not limited to your debit or credit card number or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
For each specific Product we may provide a “typical” price to allow you to compare the cost of our Product with similar items sold by other retailers. This comparable price is an estimate only and the items compared may not exactly match the characteristics of the Product on our site.
All products ordered will remain the property of Summer & Winter until we have delivered the products to the address specified by you. If your payment is not received and you have already received the products you ordered from us, you must pay for or return those products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address. We will contact you to book a delivery date within 3 days of your placing an order. If you postpone your delivery within 5 days of the agreed date a re-arrangement charge of £50 may apply.
We will offer you the first available date and time for delivery in your area, if this is not convenient our delivery guide-times may not apply. If the item you have ordered is not in stock and has a lead-time, the delivery time scale is not included in this lead-time.
All delivery dates or times are estimated subject to stock availability and delivery location. We reserve the right to alter or amend estimated delivery dates or times in exceptional circumstances. All goods must be signed for and should be inspected at the time of delivery. The packaging should be opened carefully and kept in case you need to return the goods. You are responsible for the goods once they have been delivered to the delivery address you gave, and you are liable for any loss or damage thereafter.
We cannot deliver furniture above second floor level unless there is a suitable lift. If you are not available to take delivery at the prearranged time, or the item(s) will not fit through the access points to your property, Summer & Winter reserves the right to charge you a restocking fee of £70.00. If this necessitates a repeat delivery, a repeat delivery charge must be paid prior to the redelivery even if the original delivery was free of charge. This charge will be calculated according to the number of items to be delivered, availability of a delivery vehicle, your location and complexity of the delivery. In these circumstances, delivery will not take place until the additional charges have been paid to Summer & Winter.
If your non-returnable goods remain with us for more than four weeks, during which time you fail to accept delivery/redelivery despite Summer & Winter having contacted you to do so, you will incur storage charges of up to £50 per week. We also reserve the right to cancel your order and retain up to 50% of your order value.
From time to time things do get damaged in transit, to assist with a return of any damaged item please follow these simple steps:
1. You must check your goods upon receipt. Any claim concerning incorrect, damaged or defective goods found on delivery, or concerning damaged or defective goods found at a later date, must be notified to Summer & Winter within 24hrs, failure to do so may result in any claim being void.
2. All claims must be submitted by email and accompanied by photographic evidence and a written description of the damage or fault emailed to or posted to our head office address above within 24hrs of discovering the fault. We do not accept any claims for damage caused following the delivery.
3. You must use the returns label provided with your deliver.
We are not liable for any direct or indirect loss of profits or other financial loss or damage arising out of a defective, damaged or wrongly delivered products, our liability is limited to the purchase price only.
Cancellation and Returns Procedure
If your goods have not been custom made to your specification and/or you have not examined the product in one of our showrooms prior to purchase, you have the right to cancel your order from the time you place your order up to 14 days from the date of delivery. Simply notify us of your wish to cancel.
Cancelling an order
It is your responsibility to return all (OR part) of your order to our head office address in an useable condition no later than 14 days from the day on which you communicate your cancellation by email.
You may be liable if the value of the goods returned diminishes due to the handling of the goods or in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Summer & Winter recognise that many customers do not have the means to return very large items, and will arrange collection during normal business hours (Monday to Friday) if requested. In such circumstances a charge will be made to cover the cost of collecting the item/s. This charge is £50.00 returns carriage cost. This will either be deducted from the refund or paid for in advance if the finance payment option has been used. This fee is none negotiable.
Following cancellation of your order any monies paid will be refunded by the method you used to pay us where possible, and usually within 30 days of our receipt of the returned goods, or within 14 days of you providing evidence of having returned the goods, whichever is sooner.
The refund will include any paid delivery charge to the value of standard delivery only. Please note, delivery charges will not be refunded in circumstances where insufficient access is the reason for return. We will always inspect goods prior to authorising refunds.
All goods must be returned in their original packaging and a re-saleable condition, otherwise you will not receive a full refund.
A deduction will be made if the value of the goods has been reduced, for example as a result of you handling the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods), assembling the goods, using the goods, inadequate re-packaging of the goods, or damage caused during return transit. Cushions will be delivered sealed in clear plastic wrapping that will allow for inspection.
Any cushions that have been unsealed will be deemed as having been used. Therefore they cannot be returned for any reason other than because they are not as described or are not of satisfactory quality.
If the product is not returned in its original packaging, a charge will be made to replace any missing or damaged original packaging.
If we send items free of charge as a goodwill gesture, we will not accept a return or refund on these.
Any Special Order items made to a customer's own specifications will not be refunded unless they are proven to be faulty.
We reserve the right to keep all customer details on Summer & Winter ordering system and a paper copy of your details at our Head Office until we deem it suitable to destroy them. We will take all reasonable steps to ensure all information remains confidential in accordance with the Data Protection Act 1998. Please see our privacy and cookie policies.
Description of Products and furniture measurements
We try to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered, and aim to keep them as up to date as possible.
Be aware that this information may not always reflect the position at the exact moment you place an order. Prices may change from time to time either up or down – any such price changes will be confirmed to you at the time of ordering. Every reasonable care has been taken to ensure that the descriptions and colour matching are accurate - nonetheless, measurements stated are approximate and colour reproduction is only as accurate as photographic and publishing processes allow. Dimensions given are for your guidance only. For delivery purposes, please ensure that there is adequate room to take the furniture through doorways or windows, taking note of restricted passageways, stairs, turns etc.
Competitions will be subject to the additional terms and conditions stated on the relevant competition pages of our web-site.
We may take orders and deliver to mainland Europe and other countries outside the United Kingdom, but please note that international sales and deliveries will be subject to different terms and conditions of sale and delivery for various reasons, such as warranties, logistics and legal reasons. Please call or email us to discuss your options and/or a quote. Relevant full terms and conditions will be provided to you in writing or via email following your inquiry.
The invoice price charged to overseas customers will be in pounds sterling, and subject to the exchange rate applied by your credit or debit card company. If you request delivery to another EU Member State or a country outside the EU, you will own the furniture when it is delivered to the third party delivery providers' premises, and you are liable for any loss or damage.
Deliveries outside the United Kingdom will also be liable for any customs/import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country, therefore you are advised to check the latest applicable local requirements in your country before placing an order. Summer & Winter can in no way be held responsible for any charges incurred.
Promotional Terms & Conditions
Summer & Winter occasionally run promotions and/or offers on their products or ranges using voucher codes or automatic discounts applied at checkout. Promotional codes cannot be used in conjunction with any other offer or promotional code. Voucher codes entitle you, at the time of order, to qualify for a saving from Summer & Winter.
We reserve the right to decline or cancel orders where in our opinion, a promotion code is invalid for the order in question. Promotion codes are only valid while stocks last and may be withdrawn at any time, without prior notice. Only one promotion code can be used per order, per household. In the event of product returns, refunds will be given for the value of the original purchase once the discount is applied. In the event of any returns meaning the order no longer qualifies for the promotion advertised, Summer & Winter reserves the right to deduct the value of the offer from the refund.