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Terms & Conditions

TERMS AND CONDITIONS FOR SALES TO CONSUMERS

These terms apply where you buy products from us for your own domestic and personal use. If you are buying our products for use in connection with your business, trade, craft or profession, our sale and your purchase will be made upon and incorporate our Business Terms and Conditions of Sale.

WHERE TO FIND INFORMATION ABOUT US AND OUR PRODUCTS

You can find everything you need to know about us, Winter & Co UK Limited (company number 00998715), and our products on our website from our sales staff before you order. We also confirm the key information to you in writing after you order by email.

WHEN YOU BUY FROM US YOU ARE AGREEING THAT:

  • We only accept orders when we've checked them (Clause 2).
  • Sometimes we reject orders (clause 3).
  • We charge you when you order (clause 4).
  • We charge interest on late payments (clause 5).
  • We pass on increases in VAT (clause 6).
  • We're not responsible for delays outside our control (clause 7).
  • Products can vary slightly from their pictures (clause 8).
  • If you bought online, by mail order or over the telephone or, you have a legal right to change your mind (clause 9).
  • You have rights if there is something wrong with your product (clause 10).
  • We can change products and these terms (clause 11).
  • We can suspend supply (and you have rights if we do) (clause 12).
  • We can withdraw products (clause 13).
  • We can end our contract with you (clause 14).
  • We don't compensate you for all losses caused by us or our products (clause 15).
  • We own intellectual property rights in our products and licences granted (clause 16)
  • We use your personal data as set out in our Privacy Notice (clause 17).
  • You have several options for resolving disputes with us (clause 18).
  • Other important terms apply to our contract (clause 19).

WE ONLY ACCEPT ORDERS WHEN WE'VE CHECKED THEM

We contact you to confirm we've received your order and we accept it when we dispatch or supply the product and confirm dispatch or supply to you.

SOMETIMES WE REJECT ORDERS

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

WE CHARGE YOU WHEN YOU ORDER

You will own any goods you buy once we have received payment for them in full.

WE CHARGE INTEREST ON LATE PAYMENTS

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the National Westminster Bank plc’s base rate from time to time. This interest accrues 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 the interest together with any overdue amount.

WE PASS ON INCREASES IN VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect

WE'RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL

If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: telephone on 01480 377177 or email us at webshop@winteruk.com to end the contract and receive a refund for any products you have paid for in advance, but not received.

PRODUCTS CAN VARY SLIGHTLY FROM THEIR PICTURES

A product's true colour and dimensions may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.

IF YOU BOUGHT ONLINE, BY MAIL ORDER OR OVER THE TELEPHONE, YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND

Your legal right to change your mind. For most of our products bought online, by mail order or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind. You can't change your mind about an order for:

  • goods that are made to your specifications or are clearly personalised; and
  • goods which become mixed inseparably with other items after their delivery

The deadline for changing your mind. If you change your mind about any goods you must let us know no later than 14 days after the day we deliver your goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team: by telephone on 01480 377177 or email sales@winteruk.com .

You have to return the goods at your own cost. You have to return goods you have bought (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless expressly agreed otherwise and confirmed by email by our Customer Service Team. You can send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, contact our Customer Service Team by telephone on 01480 377177 or email us at webshop@winteruk.com.

We only refund standard delivery costs. For example, we don't refund any extra you have paid for express delivery or delivery at a particular time.

You have to pay for services you received before you change your mind. If you bought a service, we don't refund you for the time you were receiving it before you told us you'd changed your mind.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition and packaging is not the same as that in which it was despatched or if the product is not fit for re-sale or is damaged by you. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team telephone our customer service team at 01480 377177 or email us at webshop@winteruk.com can advise you on whether we're likely to reduce your refund.

When and how we refund you. If your product is a service or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT

If you think there is something wrong with your product, you must contact our Customer Service Team telephone our customer service team at 01480 377177 or email us at webshop@winteruk.com. We honour our legal duty to provide you with goods that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us

SUMMARY OF YOUR KEY LEGAL RIGHTS

If your product is goods, for example paper and other covering material, 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:

  • Up to 30 days: if your goods are faulty, then you can get a refund.
  • Up to six months: if your goods can't be replaced, then you're entitled to a full refund, in most cases.
  • If your goods do not last a reasonable length of time, based on the nature of the goods, you may be entitled to some money back.
  • If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
  • If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

WE CAN CHANGE PRODUCTS AND THESE TERMS

Changes we can always make. We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements;
  • to make minor technical adjustments and improvements. These are changes that don't affect your use of the product.

WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)

We can suspend the supply of a product. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the product (see We can change products and these terms clause 11)).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than 30 days you can contact our Customer Service Team by telephone on 01480 377177 or email us at webshop@winteruk.com to end the contract and we'll refund any sums you've paid in advance for goods you won't receive.

WE CAN WITHDRAW PRODUCTS

We can stop providing a product. We let you know in advance and we refund any sums you've paid in advance for products which won't be provided.

WE CAN END OUR CONTRACT WITH YOU

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

  • you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;
  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
  • you don’t you don't, within a reasonable time, either allow us to deliver the product to you.

WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR PRODUCTS

We’re not responsible for losses you suffer caused by us breaking this contract if the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section (We're not responsible for delays outside our control (clause 7).
  • Avoidable. Something you could have avoided by taking reasonable action.

To the extent To the extent that you use a product for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the product and all claims for loss of profit or indirect or consequential loss are wholly excluded.

WE OWN INTELLECTUAL PROPERTY RIGHTS IN OUR PRODUCTS AND LICENCES GRANTED

All intellectual property rights in or arising out of or in connection with our services (other than intellectual property rights in any materials provided by you) will be owned by us or our licensors.

We grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence or, in the case of any third party intellectual property rights, a sub-licence (subject to the terms on which such third party intellectual property rights are licensed to us) during the term of our contract with you to copy the deliverables specified in your order (excluding materials provided you) for the purpose of receiving and using the services and such deliverables. You may not transfer the licence to intellectual property rights granted to you in this paragraph.

You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of our contract with you for the purpose of providing the services to you.

WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

How we use any personal data you give us is set out in our Privacy Notice.

YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

Our complaints policy. Our Customer Service Team contactable by email to webshop@winteruk.com, by providing details of your complaint together with copies of photographs, where possible, and they will do their best to resolve any problems you have with us or our products.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to ADR Group Limited through their website at Home - ADR group. If you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. If you're unhappy with the transfer you can contact our Customer Service Team by telephone on 01480 377177 or email us at webshop@winteruk.com to end the contract within 30 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

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