Supply of goods and services
1.1 Thank you for using summerillandbishop.com (the ‘site’). These terms and conditions govern your use of the site and purchase of goods and services from the site and in our stores. Reference to ‘you’ and ‘your’ shall be deemed to be references to the person placing an order via the site or making a purchase in store. Reference to Summerill & Bishop and ‘we’, ‘us’ and ‘our’ shall be deemed to be references to Summerill & Bishop Ltd, a company registered in England and Wales under company number 2891938 and with our registered office at 100 Portland Road, London, W11 4LQ. Our UK VAT Registration Number is 644903628.
1.3 We reserve the right to vary terms and conditions from time to time and without notice, with such updated versions becoming effective immediately upon posting to the site or display in store. Every time you wish to order products, please be sure to check the terms and conditions current at the time of placing your order.
2.2 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 When we use the words "writing" or "written" in these terms, this includes emails.
3. Product information
3.1 We take all reasonable care to ensure that the details, prices and descriptions of our products are accurate at the time when the appropriate information was entered onto our system. However, there may be rare occasions when the information on the site does not reflect the position exactly at the point an order is placed. Please note that we are unable to confirm the price of a product until your order is accepted: if the product's correct price at that date is less than our stated price at your order date, we will charge the lower amount; if the product's correct price is higher than the price stated, we will contact you for your instructions before we accept your order.
3.2 We take care to ensure that the photographic images used for our products show accurate product detail and colour. However, such images are for illustrative purposes only and we do not accept responsibility for any variation in colour caused by software or the computer systems used by you. Product packaging may vary from any images shown.
3.3 Although we have made every effort to be as accurate as possible, because some of our products are handmade, all sizes, weights, capacities, colours, dimensions and measurements indicated on our site are for illustrative purposes only and shall be deemed to have a 5% variation tolerance.
3.4 Every effort is made to maintain the accuracy of information concerning stock levels but, on occasion, discrepancies may occur. Should you place an order for an item displayed as “available” on our website and in fact the item is out of stock, we will notify you as soon as possible and refund any money you have paid.
3.5 Despite our best efforts, information posted on the site may at any time be subject to inaccuracy or may be out of date. All content provided on the site is subject to change without prior notice.
4. Placing orders
4.1 The shopping pages of the site will guide you through the steps that you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 When you place an order with us it will be deemed that you have read, understood and agreed to these terms and conditions. If you are unhappy with any part of these terms and conditions, you should contact customer services before submitting your order to us (see clause 2 above) – or speak to one of our personnel if shopping in store.
4.3 By placing an order through the site you are making an offer to Summerill & Bishop to purchase the goods outlined in your order upon these terms. When you place an order, we will require your name, email address, credit/debit card, phone number and postal address details. This information is required in order to process your request and/or to inform you of our acceptance or rejection of your order. A contact phone number is needed so that we can get in touch if there is a problem with your order. We may, unless you inform us otherwise, provide our couriers with your contact phone number in case they need to reach you to arrange the delivery of your order.
4.4 After you place an order online, you will receive an e-mail from us acknowledging that we have received your order, but this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched and the contract between us will only be formed when we send you such dispatch confirmation. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
4.5 In respect of pre-orders made via the site for any out-of-stock products, all prices and delivery times on the site, or in our order acknowledgment e-mail, are given as indications only and we make no guarantee as to the availability, price, or delivery date of the products covered by your pre-order until such products are in stock. Your pre-order is not deemed to be accepted until we send to you a dispatch confirmation.
4.6 Please note that we may not be able to accept your order as a result of the following reasons:
4.6.1 if the product you ordered is out of stock;
4.6.2 we are unable to authorise your payment; or
4.6.3 if it is identified that there is a product description or pricing error.
4.7 Should there be an issue with your order, we will contact you either by phone or email if you are not in store to discuss the issue.
4.8 Summerill & Bishop reserve the right to reject any offer of purchase by you at any point, whether in store or online.
4.9 We may need certain information from you so that we can supply the products to you, for example, contact details and instructions for delivery. We will contact you to ask for this information if it is not provided with your order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.4.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.10. We may have to delay or suspend the supply of a product to:
4.10.1 deal with technical problems or make minor technical changes;
4.10.2 update the product to reflect changes in relevant laws and regulatory requirements;
4.10.3 make changes to the product as requested by you or notified by us to you (see clause 5).
4.11 We will contact you in advance to tell you we will be suspending supply of a product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product.
4.12 If you do not pay us for a product when you are supposed to (see clause 6.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the product until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the product. We will not suspend supply of a product where you dispute the unpaid invoice (see clause 6.7).
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 We may change a product:
If we need to make more significant changes to a product we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6. Price & payment
6.1 The price of our products includes VAT (where applicable) at the current rate chargeable in the UK for the time being at the date of despatch (or the date of an in store transaction). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
6.2 The price of our products does not include delivery charges.
6.3 Our delivery charges are as advised to you during the online check-out process, before you confirm your order. Please ensure that you check the applicable delivery charge rate before submitting your order to us. If you are purchasing in store and require delivery, please ask us about delivery options.
6.4 You can only pay for products using a debit/credit card or Paypal (or, if in store, by paying cash). The cards that we accept for payment are identified during the check-out process and may change from time to time. All payments are processed by Sage Pay, Shopify or Paypal and, where applicable, are to be authorised by Verified by Visa or Mastercard SecureCode.
6.5 You must pay for products at the time of order. If we cannot accept your order for any reason we will refund any payment made.
6.6 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6.7 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly-invoiced sums from the original due date.
7.1 If you are a consumer based in the UK or European Union, you have a legal right to cancel a contract made online or over the telephone and receive a refund under the Consumer Contracts Regulations 2013 (exercisable up to and including the fourteenth day after the day of delivery). You do not need to give us a reason for your cancellation, but you should let us know in writing that you wish to cancel, or call us on 020 7229 1337. This clause does not apply to purchases made in store.
7.2 The easiest method of letting us know is to complete the model cancellation form annexed to these terms, with full details of your order, and to return it to customer services at [email protected].
7.3 Your legal right to cancel a contract starts from the date of our dispatch confirmation e-mail, which is when the contract between us is formed. Your deadline for cancelling the contract expires 14 days after you receive the products. This cancellation right does not apply to the non-standard products identified at clause 8 below.
7.4 If you cancel your contract before we have dispatched the goods, we will refund the price paid for the goods and standard delivery costs to the credit/debit card or payment account used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers.
7.5 If your order has already been dispatched, we can offer you an exchange or, if you wish, a refund for the price you paid for the products provided that the products are returned, in accordance with our returns policy, complete, in perfect condition, unused, and with the original packaging within 14 days of your cancellation of the contract.
7.6 We are permitted by law to reduce your refund to reflect any reduction in the value of the products if this has been caused by you mishandling them (i.e. handling them in a way that would not be acceptable in a shop). We will refund delivery costs paid by you for the least expensive delivery method we offer.
7.7 Unless the product is faulty or not as described (see clause 14.7), you will be responsible for the cost of returning the products to us.
7.8 We will credit the purchaser with the amount payable pursuant to clause 7.6. Refunds will be paid to the credit/debit card or payment account used to pay and if you used vouchers to pay for the product we may refund you in vouchers. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
8. Bespoke products
8.1 If you wish to place an order for bespoke, tailor-made or personalised products then you should complete our bespoke order form, available upon request. Any right of cancellation in respect of such orders ceases upon our acceptance of your order, which is when we will commence our services to provide the goods. However, we will provide you with a refund if the bespoke, tailor-made or personalised products are faulty or not as described. We will advise you if any additional terms and conditions apply to your bespoke order.
8.2 If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
8.3 We will not be responsible for any: (i) defects in products; or (ii) intellectual property infringement claims by third parties, to the extent the same arise from following your instructions or designs. If we receive any such third party claims in respect of intellectual property infringement we may pass on to you any costs or losses we reasonably incur in responding to the same, to the extent that such costs and losses arise from our reliance on your instructions or designs.
9. School bookings
9.2 If you place an order or make a booking for any services provided by Summerill & Bishop School (eg courses, masterclasses, or private dining events on specified dates or times), then payment is required in full at the time that you make your booking. Refunds will only be granted if you provide at least 48 hours’ notice in respect of courses and masterclasses, and 72 hours’ notice for private dining events.
9.2 It is your responsibility to ensure that any School bookings made are suitable to your needs and requirements and you should inform us immediately of any applicable special dietary or access requirements. We will not be responsible for accommodating any dietary or access requirements if you fail to inform us of the same. We will advise you of any additional terms and conditions that may be applicable to your School booking.
10. Gift vouchers
10.1 Gift vouchers are available to be purchased via the site or in store and can be redeemed against the value of in-stock products for a period of 12 months from the date of issue.
10.2 All gift vouchers will expire after 12 months from the date of issue and the purchase price of the voucher will not be reimbursed. You are entitled to cancel your voucher order in accordance with your legal cancellation right (see clause 7), but Summerill & Bishop will not be held responsible for, and will not replace, lost, damaged or stolen gift vouchers.
11. Returns & Exchanges
11.1 We really hope that you will be pleased with your purchase from Summerill & Bishop. We care very much about the products that we sell and the service we offer. However, if you would like to return any items that you have purchased from us, we will be happy to replace a product or issue a refund provided it is returned complete, in perfect condition, unused, and with the original packaging. Please note that if you are returning something bought in store rather than online we will exchange the item or issue a credit note but we do not offer refunds unless the item is faulty.
11.2 Returns should be made within 14 days of your receipt of the goods. Returns made outside of the 14 day timeframe will be considered for an exchange or credit note. Please ensure that you check all items when you receive them and report any faulty or damaged goods as soon as possible.
11.3 If you wish to return any items received from us, please return them to store or, if purchased online, fill out the returns form enclosed in your order and clearly mark whether you would like a refund or exchange. All items must be returned unused, unopened, in perfect condition (including the product packaging) and remain in a re-saleable condition. Pack the returns sheet with the items and send back to:
Summerill & Bishop
100 Portland Road
London W11 4LQ
11.4 We cannot accept liability for returned goods lost or damaged in transit therefore we strongly recommend that you obtain a certificate or proof of posting. We advise you to send the goods by Royal Mail Registered Post or similar, especially for high-value items, and have sufficient insurance cover. We cannot be held responsible for returned items that do not reach us.
11.5 If you are returning goods from outside of the EU you must attach a customs declaration describing the goods as “BRITISH RETURNED GOODS” stating that the products are being returned as they are either unwanted or faulty.
11.6 We will only refund the value of the items returned and basic delivery charges but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. We will not refund the costs of return postage (except where we confirm an item is defective – see clause 14.7). Should you wish to make an exchange you will be charged at the standard delivery rate for any new item.
11.7 Any refund payment will be made to the credit/debit card or payment account used to pay for the product, in cash if payment was made in store by cash and if vouchers have been used to pay for the product we may provide a refund in vouchers. If you are returning a present, we have to refund the person who paid for it. We are happy to exchange your gift.
11.8 Please allow 14 days for your refund or exchange to be processed if you purchased online.
11.9 Gift wrapping is not eligible for a refund.
11.10 Nothing in this clause 11 affects your legal rights in respect of faulty or defective goods.
12.1 When you purchase online we will provide you with an estimated delivery date in our dispatch confirmation, which will be within 30 days of accepting your order unless we have agreed a longer timescale (or except in some cases of international delivery where a longer timescale is needed). This is an estimate only.
12.2 If you are a consumer based in the UK or European Union and we are unable to deliver the products within 30 days of our dispatch confirmation, then unless you have agreed to accept late delivery, you may have grounds to cancel the order.
12.3 We may not be able to deliver your product in circumstances where: (i) our delivery providers are temporarily unable to deliver due to exceptional conditions beyond our control (for example, hazardous weather and accidents); or (ii) other events outside of our control hinder or prevent delivery, including but not limited to civil commotion, riot, invasion, terrorist attack, threat or preparation for war, fire, explosion, flood. If any such circumstances arise we will inform you as soon as we are able to do so.
12.4 If you order products from the site for delivery to one of our international delivery destinations, then your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. We have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes and we recommend that you contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
12.5 If no-one is available at the address stated in your order to accept delivery, then our couriers will leave a note to inform you that delivery was attempted and what steps you are required to take to rearrange delivery or to arrange collection.
12.6 If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.4.3 will apply.
12.7 Delivery shall be completed when the products are delivered to the address you gave us or you have collected them from our couriers (or made any other arrangement for delivery) and the products will be your responsibility from that time. You own the products once we have received payment in full, including all applicable delivery charges.
13. Your rights to end the contract
13.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
13.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 13.2.1 to 13.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
13.3 Even if we are not at fault and you do not have a right to change your mind (see clause 7), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
13.4 We may end the contract for a product at any time by writing to you if:
13.5 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 4 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14. Limitation of liability
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 14.6; and for defective products under the Consumer Protection Act 1987.
14.3 Our total liability to you in respect of any losses arising as result of non-delivery of products you have ordered shall in no circumstances exceed the cost of the product(s) ordered but not delivered.
14.4 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.6 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture or bedding, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can obtain an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example booking a private dining event, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or obtain some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
14.7 If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us (see clause 2) for a return label or to arrange collection.
14.8 We will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the products ordered by you if the delay or failure was due to you failing to comply with any of your obligations.
15. Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, we have concerns about the creditworthiness or the proposed transferee.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 These terms are governed by English law and, if you are a consumer, you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you are resident in another country then you may be entitled different to protection under local laws that overrides certain of these terms and conditions. If you are a business, we both agree to refer any disputes relating to the contract between us and/or these terms to the exclusive jurisdiction of the courts of England.
15.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ADR Group via their website at http://www.consumer-dispute.co.uk or via email at [email protected]. In addition, please note that if you are resident within the European Union disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.