Terms of Service — Acorn Post

OVERVIEW

Welcome to Acorn Post! The terms "we", "us" and "our" refer to Acorn Post. Acorn Post 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"). Acorn Post 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. Nothing in these Terms limits or excludes any rights you have under New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, that cannot lawfully be excluded or limited.

Please read these Terms of Service carefully. 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 (the New Zealand age of majority), 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 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 of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We make every effort to provide an accurate representation of our products and services in our online store. Colours or product appearance may differ from how they appear on your screen due to your device and its settings.

Product descriptions are subject to change at any time. We may discontinue any product at any time and may limit quantities offered to any person or region, on a case-by-case basis. Nothing in this section is intended to limit your rights under the Consumer Guarantees Act 1993, including the guarantee that goods correspond with their description.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. We will confirm acceptance of your order by email; your order is not accepted until we do so. Please review your order carefully before submitting — because our letters are personalised, we may be unable to accommodate changes or cancellations once production has started. We'll tell you our production cut-off for changes at the time of order.

If we're unable to accept, or need to change or cancel, an order (for example due to a stock or pricing error), we'll contact you using the details provided at checkout, and refund any payment already taken for that order.

Your purchases are subject to return, refund, repair or replacement in accordance with our Refund Policy [LINK] and your rights under the Consumer Guarantees Act 1993, whichever gives you the better outcome. You represent 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, but the price charged will be the price shown at the time your order is placed, as confirmed in your order confirmation email. All prices are in New Zealand dollars and are inclusive of GST unless stated otherwise. Shipping, handling or courier charges are additional unless stated otherwise.

You agree to provide current, complete and accurate payment and account information, and to keep it up to date so we can complete your transaction and contact you as needed.

SECTION 5 — SHIPPING AND DELIVERY

We work with New Zealand couriers to get orders to you and will give you our best estimate of delivery timing, including any seasonal cut-off date for Christmas delivery. Delivery estimates are not guaranteed, and we're not liable for delays caused by the courier or events outside our reasonable control — but we will help resolve delivery problems where we reasonably can, consistent with your rights under the Consumer Guarantees Act 1993. Risk in the goods passes to you once they're delivered to the address you provided.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services — including trademarks, brand, text, images, graphics, product reviews, video and audio, and their design, selection and arrangement — are owned by Acorn Post, its affiliates or licensors, and are protected by New Zealand and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent, except as needed to receive and enjoy your own personalised letter/product. All rights not expressly granted are reserved by Acorn Post.

Shopify's name, logo and trademarks belong to Shopify. All other names, logos and marks on the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

Where we give you access to tools offered by third parties as part of the Services (which we don't control or monitor), those tools are provided "as is," without warranty, and your use of them is at your own risk. Review the relevant third party's own terms before relying on them.

SECTION 8 — THIRD-PARTY LINKS

The Services may link to third-party websites. We don't examine or vouch for third-party content, and if you leave our Services to visit a linked site, you do so at your own risk. Direct any complaints about third-party products or services to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Acorn Post 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 Acorn Post. Shopify is not responsible for any aspect of any sale between you and Acorn Post, including any injury, damage or loss resulting from purchased products. This does not affect any right you may separately have against Shopify under New Zealand law that cannot be excluded.

SECTION 10 — PRIVACY

We collect and handle your personal information in accordance with our Privacy Policy, which is prepared under the Privacy Act 2020 and its Information Privacy Principles. That policy explains what we collect, why, how we store and secure it, whether it's disclosed overseas (including to Shopify, which may process data outside New Zealand), and what to do if you have a privacy concern, including how to contact the Office of the Privacy Commissioner. By using the Services, you acknowledge that you've had the opportunity to read that policy.

SECTION 11 — FEEDBACK

If you send us ideas, suggestions, reviews or other feedback ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, publish and display that Feedback for any purpose connected with operating and promoting the Services. You confirm you have the right to give us that Feedback and that it doesn't infringe anyone else's rights or contain anything unlawful, defamatory or malicious. We're under no obligation to keep Feedback confidential, pay for it, or act on it, and we may (but don't have to) remove Feedback we consider objectionable.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions or availability. We may correct these and update or cancel affected orders, including after you've submitted one — in which case we'll notify you and refund any payment taken for the cancelled portion.

SECTION 13 — PROHIBITED USES

You may only use the Services lawfully. You must not use the Services to: break any New Zealand law or regulation; infringe our or anyone else's intellectual property; harass, abuse or defame anyone; transmit false or misleading information; send spam or unsolicited commercial messages; impersonate any person or entity; or otherwise interfere with anyone else's use of the Services or expose us or others to liability.

You also agree not to: upload viruses or malicious code; scrape, copy or resell any part of the Services; collect other users' personal information; or use bots, scrapers or automated/AI tools to access the Services except as permitted under Section 14. We may suspend or terminate your account if you breach this section.

SECTION 14 — AGENTS

This section applies if you use or enable an "Agent" (autonomous or semi-autonomous software acting on your behalf) to access the Services. An Agent may only do so if, at all times, it: identifies itself as an Agent in its user-agent string ("Agent/[agent name]"); doesn't mimic human behaviour or bypass CAPTCHAs or bot-detection; answers truthfully if asked whether it's a human or a computer; and doesn't circumvent any measure we use to control Agent access. We may restrict or block Agent access at any time, including by technical means.

SECTION 15 — TERMINATION

We may suspend or terminate your access to the Services if you materially breach these Terms; where reasonably possible, we'll give you notice and a chance to fix the issue first. You remain liable for amounts already due at the date of termination. Sections that by their nature should survive termination (including Intellectual Property, Feedback, Liability, Indemnification, and Governing Law) continue to apply.

SECTION 16 — CONSUMER GUARANTEES AND LIABILITY

Where you acquire goods or services from us as a consumer (for personal, domestic or household use), you have guarantees under the Consumer Guarantees Act 1993 that cannot be excluded, and nothing in these Terms limits those rights. You may also have rights under the Fair Trading Act 1986 in relation to misleading or deceptive conduct.

Subject to those rights, the Services and products are otherwise provided on an "as is" and "as available" basis, and we don't make additional warranties beyond what's stated on this site or required by law. To the extent legally possible, we don't guarantee that the Services will be uninterrupted or error-free.

SECTION 17 — LIMITATION OF LIABILITY

Subject to Section 16, and to the fullest extent New Zealand law allows, Acorn Post and its officers, employees and contractors are not liable for indirect, incidental or consequential loss (including lost profits or lost data) arising from your use of the Services or products bought through them. This limitation does not apply to loss caused by our fraud, wilful misconduct, or to any liability that cannot lawfully be excluded, including CGA guarantees.

SECTION 18 — INDEMNIFICATION

You agree to reimburse us for reasonable losses or costs (including reasonable legal fees) we incur as a direct result of your breach of these Terms or your unlawful use of the Services, except to the extent caused by our own act or omission. We'll let you know if a claim arises and won't settle in a way that imposes non-monetary obligations on you without your consent (not unreasonably withheld).

SECTION 19 — SEVERABILITY

If any provision of these Terms is found unlawful or unenforceable, it will be enforced to the maximum extent permitted, and the rest of the Terms remain in effect.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision doesn't waive it. These Terms, together with our referenced policies, are the entire agreement between you and us regarding the Services, superseding prior agreements or communications on the same subject.

SECTION 21 — ASSIGNMENT

You may not transfer or assign these Terms or your rights under them without our prior written consent. We may transfer or assign these Terms, including to a successor of our business, without needing your consent.

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws of New Zealand. You and Acorn Post submit to the exclusive jurisdiction of the courts of New Zealand.

SECTION 23 — HEADINGS

Headings are for convenience only and don't affect interpretation of these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

We may update these Terms from time to time by posting the revised version on this page. We'll take reasonable steps to notify you of material changes. Continued use of the Services after changes take effect means you accept them.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms should be sent to info@acornpost.co.nz.

Acorn Post [Hume Limited / 9429041049020] 
info@acornpost.co.nz