Terms of service
TERMS OF SERVICE
Last updated: May 12, 2026
OVERVIEW
Welcome to DARBYS. The terms "we", "us" and "our" refer to Tom's Brewery Limited, trading as DARBYS. DARBYS 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"). The Services are hosted and powered by Shopify.
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, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using the 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 our Privacy Policy, you should not use or access the Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are aged 18 or over. The Services are intended for adults only. We do not permit the use of the Services by anyone under the age of 18.
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 and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or licence 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, colours or product appearance may differ from how they appear on your screen due to your device type, 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 identical to those depicted in our online store.
All product descriptions 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 quantities available to any person or geographic region.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. DARBYS reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until DARBYS confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as DARBYS may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, amend, or cancel an order, we will attempt to notify you using the contact details provided at the time the order was placed.
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 or household use 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. Unless otherwise expressly stated, prices shown do not include applicable taxes, shipping, or handling charges.
Prices in our online store may differ from prices offered in physical locations or through third-party retailers. We may offer promotions from time to time that are governed by separate terms and conditions. Where there is a conflict between promotional terms and these Terms, the promotional terms will govern.
You agree to provide current, complete, and accurate purchase and payment information for all orders. You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorised to use the payment method provided; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay all charges incurred, including applicable shipping, handling, and tax charges.
SECTION 5 — SHIPPING AND DELIVERY
We currently ship within the United Kingdom only. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by shipping carriers or events outside our control. Once products have been transferred to the carrier, risk of loss passes to you.
SECTION 6 — INTELLECTUAL PROPERTY
The Services, including all trademarks, brands, text, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by DARBYS, its affiliates, or licensors 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, republish, download, store, or transmit any material from the Services without our prior written consent.
DARBYS's names, logos, product and service names, designs, and slogans are the property of Tom's Brewery Limited, whether registered or unregistered. The DARBYS word mark, "Defiantly Yours" slogan, and DARBYS logo are the subject of pending UK trade mark applications. The DARBYS logo is also protected as a registered design. You must not use any of our marks or designs without our prior written consent. Shopify's name, logo, and related marks are trademarks of Shopify Inc. All rights not expressly granted herein are reserved by DARBYS.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools on an "as is" and "as available" basis without any warranties or representations of any kind. We shall have no liability arising from your use of any optional third-party tools. Any use of such tools is entirely at your own risk.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content, accuracy, or practices of any third-party sites. If you choose to access third-party sites, you do so at your own risk. Complaints or concerns regarding third-party products or services should be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
DARBYS is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make through our store are made directly with DARBYS. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and DARBYS, including any injury, damage, or loss resulting from purchased products or services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your transactions with DARBYS.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Review our Privacy Policy for full details on how we, Shopify, and our partners use your personal information.
SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to any Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies 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 are not obliged to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, defamatory, or otherwise objectionable. You are solely responsible for any Feedback you submit and its accuracy.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any such errors and to change or update information or cancel orders at any time without prior notice.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) in violation of any applicable UK laws or regulations; (c) to infringe upon the intellectual property rights of DARBYS or any third party; (d) to harass, abuse, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material; (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.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, or resell any portion of the Services; (c) collect the personal information of others without their consent; (d) use any automated tools, web scrapers, or AI-driven agents to access the Services without our express permission; or (e) interfere with or circumvent the security or authorisation features of the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 — AGENTS
14.1 This section applies if you use, allow, enable, or cause the deployment of an automated agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct human supervision.
14.2 No Agent may access or interact with the Services unless it identifies itself clearly and operates in strict accordance with Section 14.4 below. No Agent may access the Services if we have requested that it refrain from doing so.
14.3 We may limit, including by technical means, whether and how any Agent accesses or interacts with the Services.
14.4 Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behaviour or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions are from a human or a computer; and (iv) not circumvent any measure intended to limit or control Agent access to the Services.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk.
Except as expressly stated by DARBYS, and to the fullest extent permitted by applicable law, the Services and all products offered through the Services are provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantable quality or fitness for a particular purpose. Nothing in these Terms affects your statutory rights as a consumer under UK law, including under the Consumer Rights Act 2015.
SECTION 17 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, DARBYS, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, loss of data, or replacement costs, arising from your use of the Services or any products purchased through the Services.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable UK law.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DARBYS, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, 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 applicable 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. We may control the defence and settlement of such a claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.
SECTION 19 — SEVERABILITY
If any provision of these Terms of Service is found 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 deemed severed from these Terms. Such a finding shall not affect the validity or enforceability of any remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, or proposals between you and us.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
SECTION 22 — GOVERNING LAW
These Terms of Service and any agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of England and Wales. You and DARBYS agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising under or in connection with these Terms.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to this page. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms. You can review the most current version of these Terms at any time on this page.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
DARBYS (Tom's Brewery Limited) Email: info@darbysbeer.com Registered Address: Albany House, Claremont Lane, Esher, Surrey, KT10 9FQ Company Registration Number: 16645616 VAT Registration Number: 506779266
