Terms of service

 

TERMS OF SERVICE

Last updated: August 2026

OVERVIEW

Welcome to Caulkett’s Garden.

The terms “we”, “us” and “our” refer to Caulkett’s Garden. We operate this online store and website, including the information, content, features, products and services available through it (collectively, the “Services”).

Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.

These Terms of Service, together with the policies referred to within them, explain the terms that apply when you browse our website, use our Services or purchase products from us.

Please read these Terms carefully before using our website or placing an order. By using our Services, you agree to these Terms and our Privacy Policy.

Nothing in these Terms affects your statutory rights as a consumer under applicable UK law.

SECTION 1 – USING OUR WEBSITE

By using our Services, you confirm that you are legally capable of entering into a contract with us. If you are under 18, you should use the Services only with the involvement of a parent or guardian.

When placing an order or creating an account, you may be required to provide information including your name, email address, billing information and delivery address.

You agree that the information you provide is accurate, current and complete.

If you create an account, you are responsible for keeping your login details secure and for activity carried out through your account.

You must not use our website or Services for any unlawful or unauthorised purpose.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to describe and display our products accurately.

However, colours and appearance may vary slightly depending on your screen, device settings, manufacturing processes and, where applicable, the natural characteristics of materials or products.

Product photographs are intended to provide an accurate representation, but minor variations may occur.

We may change product descriptions, specifications, prices or availability where necessary.

We also reserve the right to discontinue products or limit the quantities available for purchase.

Nothing in this section affects your rights where a product is faulty, damaged, misdescribed or otherwise does not conform to your legal rights.

SECTION 3 – ORDERS

When you place an order through our website, you are making an offer to purchase the products in your basket.

You will normally receive an acknowledgement or confirmation by email.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

  • a product is unavailable;
  • payment cannot be authorised;
  • incorrect pricing or product information has been displayed;
  • we suspect fraudulent or unauthorised activity; or
  • we are unable to fulfil the order.

If payment has already been taken for an order that we subsequently cancel, we will refund the relevant amount.

Please check your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible at caulkett@hotmail.com. We cannot guarantee that changes can be made once an order has entered processing or fulfilment.

Returns, cancellations and refunds are handled in accordance with our Return and Refund Policy.

Nothing in these Terms or our Return and Refund Policy affects your statutory rights, including your rights in relation to faulty, damaged, misdescribed or otherwise non-conforming goods.

SECTION 4 – PRICES AND PAYMENT

Prices are displayed in pounds sterling (GBP).

The price charged will normally be the price displayed when you place your order. Any applicable taxes will be included where required by law.

Delivery charges, where applicable, will be shown before you complete your purchase.

We may change prices at any time, but changes will not normally affect orders that we have already accepted.

Occasionally, a product may be incorrectly priced. If we discover an obvious pricing error affecting your order, we may contact you before fulfilling the order to give you the option of purchasing at the correct price or cancelling the order.

You agree to provide accurate and complete payment and billing information.

Payments are processed through the payment methods offered during checkout. We do not guarantee that every payment method will always be available.

SECTION 5 – SHIPPING AND DELIVERY

Orders are dispatched and delivered in accordance with our Shipping Policy.

Any dispatch or delivery times displayed on our website are estimates unless expressly stated otherwise.

We will make reasonable efforts to dispatch and deliver orders within the stated timescales. However, delays may occasionally occur because of circumstances outside our reasonable control.

If there is a significant delay with your order, please contact us at caulkett@hotmail.com.

Responsibility for the goods remains with Caulkett’s Garden until they are delivered to you or to a person you have nominated to receive them, subject to applicable law.

Please ensure that the delivery information supplied when ordering is accurate.

Nothing in this section affects your statutory rights.

SECTION 6 – RETURNS, CANCELLATIONS AND REFUNDS

Your rights to cancel an order, return products or request a refund are explained in our Return and Refund Policy.

Depending on the product and circumstances, UK consumers may have statutory cancellation rights when purchasing online.

Certain products may be excluded from cancellation or return rights where permitted by law, including certain personalised, made-to-order or perishable goods.

These exclusions do not remove your legal rights where goods are faulty, damaged, misdescribed or otherwise not of satisfactory quality.

SECTION 7 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content of our website, including our branding, logos, text, photographs, illustrations, graphics, designs and other original materials, belongs to Caulkett’s Garden or is used by us with permission.

This material may be protected by copyright, trademark and other applicable intellectual property laws.

You may use our website for personal, non-commercial purposes.

You must not reproduce, distribute, sell, modify or commercially exploit our content without our prior permission, except where permitted by law.

The Caulkett’s Garden name, branding and original designs must not be used in a way that suggests an association with or endorsement by us without permission.

Third-party names, logos and trademarks remain the property of their respective owners.

SECTION 8 – THIRD-PARTY SERVICES AND TOOLS

Our website may use or provide access to services and tools supplied by third parties.

We do not necessarily control these third-party services. Your use of them may also be subject to the relevant provider’s own terms and privacy policies.

Where permitted by law, we are not responsible for issues arising solely from third-party services that are outside our reasonable control.

We may introduce, change or remove features and third-party tools from our Services from time to time.

SECTION 9 – THIRD-PARTY LINKS

Our website may contain links to third-party websites.

These links may be provided for convenience or additional information. We are not responsible for the content, accuracy, availability or practices of third-party websites that we do not control.

If you purchase products or services directly from a third party, that transaction will normally be governed by the third party’s terms and policies.

Please review those terms before completing a transaction.

SECTION 10 – OUR RELATIONSHIP WITH SHOPIFY

Caulkett’s Garden is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are made directly between you and Caulkett’s Garden.

Shopify provides the ecommerce infrastructure supporting our store but is not the seller of the products purchased from Caulkett’s Garden.

Your use of certain Shopify functionality may also be subject to Shopify’s applicable terms and privacy practices.

SECTION 11 – PRIVACY

We take the privacy of our customers and website visitors seriously.

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our store is hosted using Shopify, certain personal information may also be processed by Shopify and other service providers that help us operate our store, process payments, fulfil orders and provide our Services.

Please read our Privacy Policy for further information about how your personal information is collected, used and protected.

SECTION 12 – REVIEWS, COMMENTS AND FEEDBACK

If you submit reviews, photographs, comments, suggestions or other content to us, you confirm that you have the right to provide that material.

You must not submit content that is unlawful, defamatory, abusive, misleading, obscene, infringes another person’s intellectual property rights or otherwise violates applicable law.

We may remove content from our website where we reasonably believe it violates these Terms or applicable law.

Where you provide content specifically for publication or promotional use, you give us permission to use that content for those purposes, subject to applicable privacy and intellectual property laws.

SECTION 13 – ERRORS AND INACCURACIES

Occasionally, our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, availability, shipping charges or delivery estimates.

We reserve the right to correct genuine errors and update information where necessary.

If an error materially affects an order you have already placed, we will take reasonable steps to contact you and, where appropriate, offer you the opportunity to cancel the affected order.

SECTION 14 – PROHIBITED USES

You must not misuse our website or Services.

In particular, you must not:

  • use the Services for unlawful or fraudulent purposes;
  • attempt to gain unauthorised access to our website or systems;
  • introduce viruses, malware or other harmful material;
  • infringe our intellectual property rights or those of another person;
  • harass, threaten or abuse another person;
  • submit deliberately false or misleading information;
  • collect personal information about other users without lawful authority;
  • interfere with the operation or security of the website; or
  • use the website in a manner that violates applicable law.

We may restrict or terminate access where we reasonably believe our Services are being misused.

SECTION 15 – AVAILABILITY OF THE WEBSITE

We aim to keep our website and Services available and operating correctly.

However, we cannot guarantee that the website will always be available without interruption.

We may occasionally need to suspend or restrict access for maintenance, security, technical reasons or circumstances outside our reasonable control.

SECTION 16 – LIABILITY

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

In particular, nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

Nothing in these Terms affects your statutory rights as a consumer.

Subject to those protections, we are not responsible for losses that were not reasonably foreseeable when the contract was formed or losses resulting from circumstances outside our reasonable control.

If you use our Services as a consumer, we do not exclude or restrict liability in a manner prohibited by applicable consumer law.

SECTION 17 – TERMINATION AND SUSPENSION

We may suspend or terminate access to our Services where you materially breach these Terms, misuse the website or engage in unlawful or fraudulent activity.

Termination does not affect rights or obligations that arose before termination.

Provisions which by their nature should continue after termination, including intellectual property provisions and applicable limitations of liability, will continue to apply.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.

The remaining provisions will continue to apply.

SECTION 19 – ENTIRE AGREEMENT

These Terms, together with the policies referred to within them, form the agreement governing your use of our Services and purchases from our online store.

Failure by us to enforce a provision of these Terms does not mean that we waive our right to enforce it later.

SECTION 20 – TRANSFER OF RIGHTS

You may not transfer your rights or obligations under these Terms to another person without our consent where such consent is reasonably required.

We may transfer our rights and obligations where necessary in connection with the operation, restructuring or transfer of our business, provided that doing so does not reduce your rights under these Terms.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of England and Wales.

If you are a consumer, nothing in these Terms deprives you of any mandatory legal protections that apply to you based on where you live.

Any dispute will be dealt with by the courts with jurisdiction under applicable law.

SECTION 22 – CHANGES TO THESE TERMS

We may update these Terms from time to time, for example to reflect changes to our Services, business practices or applicable law.

The current version will be published on our website.

Changes will not retrospectively remove rights that you already have in relation to an existing order.

SECTION 23 – SHOPIFY

Our online store is hosted and supported by Shopify.

Shopify provides the ecommerce platform that allows us to sell our products and Services to you. Shopify may process certain information in connection with providing its services to us.

Please see our Privacy Policy for further information.

SECTION 24 – CONTACTING US

If you have any questions about these Terms, an order or our Services, please contact:

Caulkett’s Garden
40 Sussex Road
Weymouth
Dorset
DT4 0PL
United Kingdom

Email: caulkett@hotmail.com

You can also contact us using the contact methods provided on our website.