Terms of service
1. OVERVIEW
Welcome to Sommer & Co.
These Terms and Conditions (“ hereinafter referred to as “Terms”) govern your access to and use of the Sommer & Co website, including all related webpages, content, features, products, services, tools, products and information made available through the website (collectively hereinafter referred to as the “Website”).
Sommer & Co is the trading name of RHJC Sommer Enterprise, a business operating from Antigua and Barbuda. Throughout these Terms, the words “Sommer & Co”, “we”, “us”, and “our” refer to RHJC Sommer Enterprise trading as Sommer & Co.
By accessing, browsing, using, or purchasing products through this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms, together with any additional policies referenced herein, including but not limited to, our Privacy Policy, Refund Policy, and Delivery Policy.
We reserve the right to amend, update, or modify these Terms at any time in our sole discretion. Any amendments shall become effective immediately upon publication on the Website unless otherwise expressly stated. Your continued use of the Website following the publication of any revised Terms constitutes your acceptance of such revisions.
These Terms apply to all users of the Website, including without limitation browsers, customers, merchants, vendors, contributors of content, and any other users accessing the Website.
If you do not agree to these Terms, you must immediately discontinue use of the Website and refrain from accessing or using any services provided by Sommer & Co.
2. ELIGIBILITY & ACCOUNT REGISTRATION
By accessing or using the Website, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into binding agreements.
If you are under the age of eighteen (18) years of old, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
You agree to use the Website and Services solely for lawful purposes and in accordance with these Terms.
In order to access certain features of the Website or purchase products through the Website, you may be required to create an account and provide certain personal information, including but not limited to your name, billing address, shipping address, telephone number, email address, and payment information.
You represent and warrant that all information provided by you is accurate, current, complete, and not misleading, you are authorised to use any payment method submitted through the Website and you shall promptly update your account information should any information change.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for restricting access to your account and devices used to access the Website.
You accept responsibility for all activities conducted through your account, whether authorised by you or not. Sommer & Co shall not be liable for any loss, damage, or liability arising from your failure to safeguard your account credentials.
Sommer & Co reserves the right, in its sole discretion, to suspend or terminate accounts, refuse service, cancel orders, remove or edit content or restrict access to the Website at any time without notice where we reasonably believe that a user has violated these Terms, engaged in fraudulent activity, provided false information, interfered with the operation of the Website, or acted in a manner detrimental to Sommer & Co or its customers.
You may not transfer, assign, sell, or otherwise permit any third party to access or use your account without the prior written consent of Sommer & Co.
3. PRODUCTS & PRODUCT DESCRIPTIONS
Sommer & Co makes every reasonable effort to ensure that all products, descriptions, pricing information, photographs, graphics, measurements, specifications, and other content displayed on the Website are accurate and up to date.
However, we do not warrant that product descriptions, colours, images, sizing information, or other content available on the Website are accurate, complete, reliable, current, or error-free. For clarity, the appearance of colours and products may vary depending on factors including but not limited to device settings, monitor resolution, lighting conditions, and browser configuration. Accordingly, Sommer & Co does not guarantee that products delivered to you will appear exactly as displayed on your device.
All sizing information provided on the Website is intended as a general guide only. Customers are responsible for reviewing product descriptions and sizing information carefully before placing an order.
Products displayed on the Website are subject to availability. Sommer & Co reserves the right, at any time and without prior notice to, discontinue products, modify product descriptions, pricing and/or specifications, limit quantities available for purchase, restrict sales to particular individuals, geographic regions, or jurisdictions or refuse orders in its sole discretion.
The inclusion of any products on the Website shall not constitute a guarantee that such products will remain available.
Sommer & Co reserves the right to correct any errors, inaccuracies, or omissions relating to product information, pricing, promotions, delivery charges, or availability at any time, including after an order has been submitted.
4. ORDERS & ACCEPTANCE
All orders placed through the Website are subject to acceptance and availability.
By placing an order through the Website, you are making an offer to purchase products in accordance with these Terms. Receipt of an order confirmation email does not constitute acceptance of your order and shall only acknowledge that your order request has been received.
An order shall only be deemed accepted once Sommer & Co has processed payment and dispatched the products purchased.
Sommer & Co reserves the right, in its sole discretion and without liability, to refuse or cancel any order, limit quantities purchased, restrict orders placed under the same customer account, payment method, billing address, or shipping address or decline transactions suspected to involve fraud, unauthorised activity, resale activity, or violations of these Terms.
Where an order is cancelled after payment has been processed, Sommer & Co shall issue a refund in accordance with the original method of payment.
Customers are responsible for ensuring that all order details submitted at checkout, including delivery information, sizing selections, and billing information, are accurate and complete prior to submitting an order.
Sommer & Co shall not be responsible for delays, failed deliveries, losses, or additional expenses resulting from inaccurate or incomplete information provided by the customer.
Orders may not be modified or cancelled after they have been processed or dispatched unless otherwise agreed in writing by Sommer & Co.
Sommer & Co reserves the right to refuse orders that appear to be placed by resellers, distributors, or persons intending to commercially exploit products purchased through the Website without prior written authorisation.
5. PRICING & PAYMENT
All prices displayed on the Website are listed in Eastern Caribbean Currency as displayed at checkout and are subject to change without prior notice.
Unless otherwise expressly stated, prices displayed on the Website do not include delivery charges.
Customers are solely responsible for the payment of all delivery charges imposed in connection with their purchase.
Sommer & Co reserves the right to modify pricing, promotions, discounts, and product availability at any time without liability or prior notice.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties
In the event of a pricing error, typographical error, or system malfunction resulting in incorrect pricing or product information, Sommer & Co reserves the right to refuse or cancel affected orders, whether or not payment has been processed.
Payment must be received in full before products are dispatched.
By submitting payment information through the Website, you represent and warrant that, you are legally authorised to use the payment method provided, all payment information submitted is accurate and complete and sufficient funds are available to complete the transaction.
Sommer & Co reserves the right to refuse transactions or suspend accounts where fraudulent, suspicious, or unauthorised payment activity is suspected.
Chargebacks initiated without valid legal basis or contrary to these Terms may result in suspension of customer accounts, refusal of future purchases, and pursuit of legal remedies available to Sommer & Co.
6. DELIVERY
Sommer & Co delivers products within the State of Antigua and Barbuda. Availability of delivery destinations may change from time to time without prior notice.
All delivery dates provided by Sommer & Co are estimates only and are not guaranteed.
Sommer & Co shall not be liable for shipping or delivery delays arising from weather conditions, natural disasters, labour disputes, governmental actions, inaccurate shipping information or any other events beyond our reasonable control.
Risk of loss and title to products purchased from Sommer & Co pass to the customer upon transfer of the products to the applicable delivery carrier.
Customers are solely responsible for ensuring that delivery information submitted at checkout is accurate and complete.
Sommer & Co shall not be liable for any lost, stolen, delayed, damaged, or misdelivered packages occurring after transfer to the delivery carrier, failed delivery attempts, packages delivered to incorrect addresses provided by the customer; or delays caused by any or the aforesaid reasons under Clause 6 of this Agreement.
Sommer & Co reserves the right to use shipping carriers and delivery methods at its sole discretion.
7. INTELLECTUAL PROPERTY
Content available on the Website, including but not limited to trademarks, logos, trade names, branding, text, graphics, product descriptions, product images, videos, designs, layouts, website functionality, software, downloadable materials, and all other intellectual property appearing on the Website is owned by or licensed to RHJC Sommer Enterprise trading as Sommer & Co and is protected by applicable copyright, trademark, intellectual property, and proprietary rights laws of Antigua and Barbuda.
The Website and its contents are provided solely for personal, lawful, and non-commercial use.
Except as expressly permitted in writing by Sommer & Co, you may not reproduce, copy, distribute, modify, republish, upload, transmit, display, sell, commercially exploit, create derivative works from, or otherwise use any content from the Website for commercial or public purposes.
No right, title, license, or interest in any intellectual property displayed on the Website is transferred to you by virtue of your use of the Website or purchase of any products.
Unauthorized use of the Website or any intellectual property belonging to Sommer & Co may violate copyright laws, trademark laws, and other applicable laws and may result in legal action.
Sommer & Co reserves all rights not expressly granted under these Terms.
The names “Sommer & Co”, associated logos, slogans, product names, branding elements, and related trade dress are proprietary to Sommer & Co and may not be used without our prior written consent.
Any third-party trademarks, logos, service marks, or trade names appearing on the Website remain the property of their respective owners.
8 THIRD-PARTY TOOLS & FEATURES
The Website may provide access to certain third-party tools, applications, payment processors, integrations, or features which are not owned, controlled, or operated by Sommer & Co.
Such third-party tools and services are provided for convenience only and are made available on an “as is” and “as available” basis without warranties, representations, endorsements, or guarantees of any kind.
Sommer & Co does not monitor or control third-party tools, guarantee their availability, functionality, or security or accept responsibility for any issues arising from their use.
Your use of any third-party tools or services is entirely at your own risk and subject to the terms, conditions, and policies of the applicable third-party provider.
Sommer & Co shall not be liable for any loss, damage, liability, or claims arising out of or relating to your use of any third-party tools, applications, software, payment gateways, or related services.
We reserve the right to introduce, modify, suspend, or discontinue any Website functionality, features, or tools at any time without prior notice.
9. THIRD-PARTY LINKS
The Website may contain links to third-party websites, applications, platforms, advertisements, social media pages, or other external resources that are not owned, operated, or controlled by Sommer & Co.
Such links are provided solely for convenience and informational purposes.
Sommer & Co does not endorse, monitor, verify or assume responsibility for any third-party content, products, services, policies, security practices, or websites.
Accessing third-party websites is done entirely at your own risk.
Sommer & Co shall not be liable for any damages, losses, claims, liabilities, viruses, data breaches or other harm arising from or related to your access to or use of third-party websites or services.
You are responsible for reviewing the terms, conditions, privacy policies, and practices of any third-party websites prior to engaging in transactions or providing personal information.
Any concerns, disputes, or claims relating to third-party products or services must be directed to the applicable third party.
10. SHOPIFY RELATIONSHIP
The Website is hosted and powered by Shopify Inc., which provides the e-commerce platform that enables Sommer & Co to sell products and operate the Website.
However, all purchases, transactions, customer interactions, and contractual relationships relating to products sold through the Website are entered into directly with Sommer & Co and not with Shopify.
By using the Website, you acknowledge and agree that Shopify shall not be responsible or liable for any products sold through the Website, order fulfilment, product quality, refunds, shipping/delivery, customer service issues or any claims, damages, losses, or liabilities arising from transactions conducted with Sommer & Co.
To the fullest extent permitted by law, you hereby release Shopify and its affiliates from any claims, demands, liabilities, damages, or causes of action arising out of or relating to your use of the Website or purchases made from Sommer & Co.
11. PRIVACY POLICY
Sommer & Co respects your privacy and is committed to protecting your personal information.
Any personal information collected through the Website is handled in accordance with our Privacy Policy, which forms part of these Terms and should be reviewed carefully prior to using the Website.
By accessing or using the Website, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, storage, and disclosure of your information in accordance with such policy.
The Website is hosted through Shopify, and certain personal information may also be collected, processed, stored, or transmitted by Shopify and its service providers in connection with the operation of the Website and processing of transactions.
Sommer & Co does not guarantee that electronic communications or data transmissions through the Website will be completely secure and disclaims liability for unauthorised access, interception, or loss of data beyond our reasonable control.
Customers are responsible for maintaining the confidentiality of their account information and devices used to access the Website.
12. REVIEWS, FEEDBACK & USER CONTENT
If you submit or post any reviews, comments, photographs, suggestions, testimonials, ideas, feedback, or other content to the Website or to Sommer & Co through social media, email, messaging platforms, or otherwise (hereinafter referred to as “User Content”), you grant Sommer & Co a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right and license to use, reproduce, modify, publish, distribute, display, repost, market, advertise, and otherwise exploit such User Content for commercial, promotional, marketing, or operational purposes in any media format now known or developed in the future, without further notice, compensation, or approval.
You represent and warrant that you own or control all rights to the User Content submitted, your User Content does not infringe the rights of any third party and your User Content does not contain unlawful, defamatory, fraudulent, abusive, obscene, or misleading material.
Sommer & Co reserves the right, but not the obligation, to monitor, remove, edit, refuse, or delete any User Content at its sole discretion.
You remain solely responsible for any User Content submitted by you.
Sommer & Co assumes no liability or responsibility for User Content submitted by customers or third parties.
13. ERRORS, INACCURACIES & OMISSIONS
Occasionally, the Website may contain typographical errors, inaccuracies, omissions, or outdated information relating to product descriptions, pricing, promotions, availability, shipping costs, delivery estimates or other Website content.
Sommer & Co reserves the right to correct any errors, inaccuracies, or omissions, update or modify Website content, cancel orders or refuse transactions at any time and without prior notice, including after an order has been submitted or payment processed.
Sommer & Co shall not be liable for any inaccuracies or omissions appearing on the Website.
14. PROHIBITED USES
You may use the Website solely for lawful purposes and in accordance with these Terms.
You agree not to use the Website for any unlawful, fraudulent, abusive, or malicious purpose, to violate any applicable laws or regulations, to infringe the intellectual property or privacy rights of others, to distribute spam, malware, viruses, or harmful code, to interfere with the security or operation of the Website, to scrape, extract, copy, or harvest Website data or content, to use automated bots, spiders, crawlers, or data mining tools, to impersonate another person or entity, to submit false or misleading information or to engage in conduct that may damage the reputation, operations, or security of Sommer & Co.
Sommer & Co reserves the right to suspend or terminate access to the Website, refuse service, cancel orders, or pursue legal remedies where we believe a user has violated these Terms or engaged in unlawful or harmful conduct.
15. DISCLAIMER OF WARRANTIES
The Website and all products, content, materials, information, and functionality made available through the Website are provided on an “as is” and “as available” basis without warranties, representations, guarantees, or conditions of any kind, whether express, implied, statutory, or otherwise.
To the fullest extent permitted by applicable law, Sommer & Co disclaims all warranties, representations, and conditions, including but not limited to merchantability, satisfactory quality, fitness for a particular purpose, durability, title, accuracy, availability, compatibility, security and non-infringement.
Sommer & Co does not warrant tha the Website will operate uninterrupted or error-free, defects or errors will be corrected, the Website will be secure or free from viruses or harmful components or that information displayed on the Website will always be accurate, complete, reliable, or current.
Any reliance placed on the Website or its contents is strictly at your own risk.
Nothing contained on the Website constitutes professional, medical, legal, financial, or other advice and should not be relied upon as such.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, RHJC Sommer Enterprise trading as Sommer & Co, together with its owners, affiliates, officers, directors, employees, contractors, representatives, licensors, service providers, and agents, shall not be liable for any indirect, incidental, consequential, exemplary, punitive or special damages, including but not limited to, loss of profits, loss of revenue, loss of business opportunity, loss of anticipated savings, loss of goodwill, data loss, business interruption, reputational damage or replacement costs, arising out of or relating to your access to or use of the Website, your inability to use the Website, products purchased through the Website, delays in delivery, errors or inaccuracies on the Website, unauthorised access to your information, third-party conduct or any other matter relating to the Website or these Terms whether arising in contract, tort, negligence, strict liability, statute, equity, or otherwise, even if Sommer & Co has been advised of the possibility of such damages.
Without limiting the foregoing, Sommer & Co’s total aggregate liability to you for any claim arising out of or relating to the Website or products purchased through the Website shall not exceed the total amount actually paid by you to Sommer & Co for the product giving rise to the claim.
Nothing contained in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RHJC Sommer Enterprise trading as Sommer & Co and its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, actions, proceedings, liabilities, damages, losses, fines, penalties, judgments, costs and expenses, including reasonable attorneys’ fees and legal costs, arising out of or relating to your breach of these Terms, your misuse of the Website, your violation of any law or regulation, your infringement of the intellectual property, privacy, or other rights of any third party, your User Content or your negligent, fraudulent, or unlawful conduct.
Sommer & Co reserves the right to assume exclusive control of the defence and settlement of any matter subject to indemnification by you, and you agree to cooperate fully with such defence.
You may not settle any claim affecting Sommer & Co without our prior written consent.
18. FORCE MAJEURE
Sommer & Co shall not be liable for any delay, interruption, failure, or inability to perform any obligation under these Terms where such delay or failure results from events beyond our reasonable control, including but not limited to hurricanes, tropical storms, floods, earthquakes, natural disasters, fires, pandemics, public health emergencies, acts of God, labour disputes, governmental actions, civil unrest, terrorism, customs delays, supply chain interruptions, telecommunications failures, internet outages, cyberattacks, shipping/delivery carrier disruptions or shortages of products or materials.
In such circumstances, Sommer & Co reserves the right to suspend, delay, or cancel orders and obligations without liability.
19. FAIR USE & FRAUD PREVENTION
Sommer & Co reserves the right, in its sole discretion, to refuse service, cancel orders, suspend accounts, restrict future purchases, refuse returns, or take other appropriate action where we reasonably suspect fraudulent activity, unauthorised transactions, resale activity, excessive returns, abuse of promotional offers, chargeback abuse, false claims, policy manipulation or conduct inconsistent with fair commercial use.
Sommer & Co reserves the right to investigate suspicious activity and to report potentially unlawful conduct to the appropriate authorities.
Customers engaging in fraudulent or abusive conduct may be prohibited from accessing or using the Website in the future.
20. TERMINATION
Sommer & Co reserves the right, in its sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Website or any part thereof at any time for any reason, including where we reasonably believe that you have violated these Terms, engaged in unlawful or fraudulent conduct, interfered with the operation or security of the Website or acted in a manner harmful to Sommer & Co, its customers, or third parties.
Termination of access shall not affect any rights, obligations, liabilities, or remedies accrued prior to termination.
The following sections shall survive termination of these Terms Intellectual Property, User Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law & Jurisdiction and any provisions which by their nature are intended to survive termination.
21. SEVERABILITY
If any provision of these Terms is determined by a court of Antigua and Barbuda to be unlawful, invalid, illegal, or unenforceable, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision contained in these Terms.
22. ASSIGNMENT
You may not assign, transfer, delegate, sublicense, or otherwise dispose of any of your rights or obligations under these Terms without the prior written consent of Sommer & Co.
Any attempted assignment in violation of this section shall be null and void.
Sommer & Co may assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice to you.
23. GOVERNING LAW & JURISDICTION
These Terms and Conditions and any dispute, claim, controversy, or proceeding arising out of or relating to the Website, products purchased through the Website or these Terms, shall be governed by and construed in accordance with the laws of Antigua and Barbuda.
Any legal proceedings arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Antigua and Barbuda.
By accessing or using the Website, you irrevocably submit to the jurisdiction of the courts of Antigua and Barbuda and waive any objection based on forum non conveniens or any similar doctrine.
24. – HEADINGS
The headings used in these Terms are included for convenience and reference purposes only and shall not affect the interpretation of any provision contained herein.
25. CHANGES TO THESE TERMS
Sommer & Co reserves the right, in its sole discretion, to amend, modify, update, or replace any portion of these Terms at any time without prior notice.
Any revised Terms shall become effective immediately upon publication on the Website unless otherwise expressly stated.
It is your responsibility to review these Terms periodically for updates or changes.
Your continued access to or use of the Website following the publication of revised Terms constitutes your acceptance of such revisions.
26. WAIVER & ENTIRE AGREEMENT
No failure or delay by Sommer & Co in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof.
Any waiver by Sommer & Co shall only be effective if made expressly and in writing.
These Terms, together with any policies or documents expressly incorporated herein, constitute the entire agreement between you and Sommer & Co relating to your use of the Website and supersede all prior or contemporaneous communications, understandings, negotiations, representations, or agreements, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
27. CONTACT INFORMATION
Questions regarding these Terms and Conditions may be directed to:
RHJC Sommer Enterprise trading as Sommer & Co
Lower High Street, St. John’s, Antigua and Barbuda
Email: info.summerandco@gmail.com