Terms of service

OVERVIEW Welcome to Garden Taproom! The terms "we", "us" and "our" refer to The Garden Taproom Ltd, trading as Garden Taproom ("Garden Taproom"). Garden Taproom operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Garden Taproom is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least 18 years old, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store, though every effort is made to describe products accurately.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Garden Taproom reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Garden Taproom confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Garden Taproom may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal, household or organisational use (including for a club, society or similar body) and not for commercial resale.

SECTION 4 - PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices displayed include VAT where applicable; if we are not VAT-registered at the time of your order, no VAT is charged. Prices do not include any additional shipping, handling, or import charges unless expressly stated.

Prices posted in our online store may be different from prices offered by other retailers. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY We aim to deliver within the timeframes communicated to you at the time of order, but delivery times are estimates only. We are not liable for delays caused by our carriers or events outside our reasonable control. Risk in the products passes to you on delivery; title passes once payment has been received in full. This does not affect your statutory right to reject goods that are not delivered within a reasonable time.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Garden Taproom, its affiliates, licensors, or our suppliers (including Blastcool/Staycold Export Ltd, whose product imagery and specifications we use with permission as an authorised dealer), and are protected by UK and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, or that of the applicable rights holder. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved.

Garden Taproom's name, logo, and slogans are trademarks of The Garden Taproom Ltd. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Manufacturer trademarks (including Blastcool) remain the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Garden Taproom is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Garden Taproom. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Garden Taproom, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Garden Taproom.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be processed by Shopify in accordance with Shopify's own privacy policy. By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, our chosen delivery partners, and payment providers as necessary to fulfil your order.

SECTION 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use, such as displaying your review alongside a product.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable law, regulation or local ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or "spam"; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Garden Taproom, Shopify or other users.

In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, or exploit any portion of the Services without authorisation; (c) collect or track the personal information of others; (d) use any robot, spider, scraping or automated tool (including AI agents) to access the Services except as permitted under Section 14; or (e) interfere with, bypass, or circumvent any security or access-control measures we employ. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.

SECTION 14 - AGENTS 14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements in Section 14.4. No Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) identify themselves in all requests by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal that any access, use, or interaction is from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to control how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this general information, and any reliance you place on such general information is at your own risk.

Except as expressly stated by Garden Taproom or required by applicable law, the Services are provided "as is" and "as available" without warranties of any kind beyond those we expressly give. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in this section excludes or limits our liability for products that are not as described, of unsatisfactory quality, or unfit for purpose, and nothing in this section affects your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable UK law, which remain fully in force.

SECTION 17 - LIMITATION OF LIABILITY To the fullest extent permitted by law, Garden Taproom, our directors, officers, employees, affiliates, agents, contractors, service providers, or those of Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any products procured using the Services, including loss of profits or data, whether based in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability which cannot be excluded or limited under applicable UK law, including your statutory rights as a consumer under the Consumer Rights Act 2015.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Garden Taproom, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).

SECTION 19 - SEVERABILITY If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies referenced herein, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications between you and us on the subject.

SECTION 21 - ASSIGNMENT You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you, provided this does not reduce the protections available to you as a consumer.

SECTION 22 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that if you are a consumer resident elsewhere in the UK, you may bring proceedings in your local courts as permitted by applicable consumer protection law.

SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes. This does not affect the terms that applied to any order already placed.

SECTION 25 - CONTACT INFORMATION Questions about these Terms of Service should be sent to us at info@gardentaproom.co.uk.

The Garden Taproom Ltd (trading as Garden Taproom) Email: info@gardentaproom.co.uk Registered office: [48 Woodridge Close, West Sussex, RH16 3EP Phone: 07545831458 Company number: 17337528 Registered in England and Wales VAT number: [to follow — registration in progress]