Terms & Conditions

Published Date: 09/09/2020

AcroWear (also referred to as “we”, “us”, or “our”) is an online shop located at acrowear.nz from which we sell products (“AcroWear Products”). By accessing and/or using the website, you agree to be legally bound by these Terms and Conditions. We reserve our rights to amend the Terms and Conditions at any time, please check this page for updates. If you do not agree with these Terms and Conditions, you should stop accessing and/or using the website.

These Terms and Conditions apply to the content and functionality of the AcroWear Shop, and AcroWear Products. These Terms and Conditions do not apply to third party products or services that we make use of, such as our third party payment processor, Stripe, the use of which is governed by the Stripe Services Agreement.

Our Terms and Conditions follow the requirements of New Zealand’s Consumer Guarantees Act 1993 (“CGA”). By placing an order with us, you are agreeing to all Terms and Conditions and information on this page. We reserve the right to change any information on the website at any time.

1. Information That You Provide To Us

You may give us information about yourself when you visit our shop. We may require that you create an account to access the AcroWear Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason. This is to ensure that we can carry out orders and/or services efficiently, getting you AcroWear Products as soon as possible.

Our Privacy Policy (which you can read here https://acrowear.nz/about/privacy-policy/) explains our practices with respect to that information. We may need to send you emails and/or text messages in order to, for example, confirm your order or provide you with important information about your order. You authorise us to send these messages when you provide your contact details to AcroWear.

2. Intellectual Property

AcroWear exclusively owns all rights, including but not limited to, copyrights (including rights in derivative works), trademarks, logos and designs, trade secrets, and other intellectual property on the AcroWear website. AcroWear is protected by copyright, trademark, and other intellectual property laws, and all rights in AcroWear not expressly granted to you in these Terms and Conditions are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the AcroWear Shop, our products, or services. If you submit an idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the idea. You also agree that AcroWear has no obligation to you in connection with any idea you submit to us, and that we are free to use your ideas without any attribution or compensation to you.

3. Access to AcroWear

AcroWear grants you a limited, revocable, non-exclusive, non-transferable license to access our website. This license does not include rights to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorised use. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site. You may not reproduce, copy or distribute the content on this site for any other purpose or in any other way without our prior written consent.

If you wish to link to any part of this site, you must obtain prior written consent.

4. Products, Content, and Specifications

Details of the products and services available for purchase from AcroWear (AcroWear Products) are set out in the AcroWear Shop. All features, content, specifications, products and prices of products and services described or depicted in the AcroWear Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the AcroWear Shop due to the limitations of the systems that you use to access the AcroWear Shop. The inclusion of any products or services in the AcroWear Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you affirm that the products ordered will be used only in a lawful manner.

5. Discount Codes and Sale Items

Sale and promotional offers are valid for a limited time, and cannot be applied to previous purchases. Unless specified otherwise, discount codes are applicable to fully priced items only and exclude special editions. Discount codes cannot be used in conjunction with other offers or promotions, unless specified otherwise. All discounts are applied before shipping and tax.

6. Shipping and Returns

Orders are shipped using carriers selected by AcroWear. The shipping fees you will be charged, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. We are not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery.

If you find that something isn’t right with your order, you have 30 days to exchange or return from the date your order was received.

AcroWear will refund you for your order by the same payment method as your original purchase was made and you will need to place a new order via our online store for the goods you would like instead.

To begin the return process, please contact us via our contact form and we will advise you on how best to return the goods to us.

We will always endeavour to process returns and/or exchanges as quickly as possible – but please allow at least 5 business days for this. Please note refunds may take up to 10 business days to process depending on your card issuer. We will happily return and/or exchange your items, provided they meet our Conditions of Return, as outlined below.

Conditions of Return:

Items must be returned within 30 days of receipt
Items must be in original, resalable condition with all tags and packaging intact
Please retain proof of purchase (receipt) until refund is processed

Return postage cost will be at your expense, unless items received are faulty or not as ordered. If you believe your item is faulty, please contact us via our contact form prior to returning to us. We cannot accept liability until items are received and have been confirmed as faulty.

Please note, we do not accept returns or exchanges if we have provided you with a customised item. No returns or exchanges are accepted on sale or run-out items, except as required by law. All purchases are final. We cannot process your return if we don’t know who it pertains to, so please provide your name and contact details with your return.

Faulty Items:

We do stand by the quality of our products, however in the unfortunate event that a faulty item has been delivered to you then the Conditions of Return above do not apply and we will do our best to deal with it promptly.
Please use our Contact Form to get in touch with us, just make sure you have your order number, a couple of clear photos of the fault, and preferred outcome on hand to help us provide you with a quick resolution. The photos are to help assist us with an assessment to confirm that there is a fault. We reserve the right to not offer an exchange, refund, or repair where the fault is a result of misuse or neglect.

If it is a minor fault, we may simply arrange to have it repaired, however for larger faults it is more likely we will offer to replace the item or offer you a refund. If you are returning a faulty item that has been worn, please launder it before the return shipping. Return postage cost will be at your expense, unless items received are confirmed faulty or not as ordered.

7. No Guarantees

AcroWear disclaims any knowledge of, and does not guarantee that: (A) the AcroWear shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; or (B) the Stripe Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the shop is done at your own risk. You are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase, or download.

Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (A) contravene that law; or (B) cause any term of this agreement to be void.

8. Product Descriptions

We aim to be as accurate as possible when describing the products featured on our site. We also endeavour to ensure that all products listed on our website are currently in stock unless otherwise specified, and pricing is true and correct. However, AcroWear does not guarantee that the product description or other content on this site is 100% accurate, complete, reliable or free from error and reserves the right to modify without prior notice.

Likewise, every effort has been made to portray the colours of our products that appear on this website as accurately as possible. However, colour accuracy depends on screen calibrations and standards, AcroWear cannot guarantee that all screen displays of colour will match garments exactly.

9. Limitation of Liability

To the extent permitted by law:

All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and

we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.

If your use of this site or its content is subject to the New Zealand Consumer Guarantees Act, you may have rights or remedies which are not excluded nor limited by the above. If you are using this site or its content for business purposes, the above exclusions and limitations will apply and the CGA will not apply.

AcroWear further denies responsibility for all liability and damages to you or others caused by: (A) your access or use of the shop inconsistent with our instructions; (B) any unauthorised access of servers, infrastructure, or data used in connection with the shop; (C) any bugs, viruses, or other harmful code that may be transmitted to or through the shop; (D) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (E) third-party content provided by you; or (F) the defamatory, offensive, or illegal conduct of others.

10. Force Majeure

We will not be responsible for any delay or failure to comply with our obligations under these Terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.

11. Amendments

We may amend these Terms and Conditions from time to time, so you should check and read these Terms and Conditions regularly. By continuing to use this site after any such amendment, you are deemed to have agreed to the amended Terms and Conditions.

12. Jurisdiction and Governing Law

These Terms and Conditions and any matters or disputes connected with this site will be governed by New Zealand law and will be dealt with via the New Zealand judicial system.

This site and its content is made available for the purposes of shopping online with AcroWear and providing information about AcroWear’s products.

Reproduction of the images and text on this site for any other purposes is prohibited.