Terms of Service

These Terms of Service apply to your use of this website and to any purchase made from Of Concern.

By accessing our website, browsing our products, placing an order, or otherwise using our services, you agree to these Terms of Service together with our Shipping Policy, Refund Policy, and Privacy Policy.

If you do not agree to these Terms, you should not use our website or place an order.

1. Definitions

In these Terms:

“We”, “us”, and “our” means Of Concern, a New Zealand-based business.

“You” and “your” means the customer, website visitor, or person placing an order.

“Products” means any goods offered for sale by us, including 3D-printed products, homewares, pet products, accessories, hobby products, personalised products, and any other goods listed on our website.

“Website” means our online store and any related pages, checkout, contact forms, or other online features operated by us.

2. About our products

We design, manufacture, source, customise, and sell a range of products.

Some products are manufactured or finished by us, including products made using 3D printing and other small-scale manufacturing methods. Other products or components may be sourced from third-party suppliers.

Unless specifically stated otherwise, our products are intended for ordinary personal, domestic, or household use.

We make reasonable efforts to ensure that product descriptions, photographs, colours, dimensions, materials, features, and other information are accurate.

However, the appearance of a product may vary slightly from photographs or digital representations due to lighting, photography, screen settings, material batches, manufacturing processes, and other factors.

Where products are handmade, 3D printed, customised, or produced in small batches, minor variations between individual products may occur.

These can include variations in colour, texture, surface finish, layer lines, seams, dimensions, or other minor cosmetic characteristics. These characteristics are a normal part of some manufacturing processes and do not necessarily mean that a product is faulty.

3. Product suitability and use

You are responsible for considering whether a product is suitable for your intended use before purchasing it.

Products must be used in accordance with any description, instructions, warnings, care information, or limitations provided on the product page or with the product.

Unless we specifically state otherwise, our products are not designed or certified for safety-critical, medical, protective, structural, electrical, food-contact, or other specialised applications.

You must not rely on a product for a purpose for which it has not been advertised or represented as suitable.

If you intend to use a product for a particular purpose and suitability is important, please contact us before purchasing if you are unsure.

Damage caused by misuse, modification, improper installation, failure to follow care instructions, or use outside the product's intended purpose is not considered a product fault, except where applicable law provides otherwise.

4. Personalised and custom products

Some products may be personalised, customised, made to order, or manufactured according to selections or information provided by you.

You are responsible for checking that all personalisation details, names, spelling, measurements, colours, sizes, specifications, and other information supplied by you are correct before placing your order.

We may reproduce personalisation exactly as submitted, including capitalisation and spelling.

Once production of a personalised or custom product has begun, changes or cancellations may not be possible.

Personalised or custom-made products generally cannot be returned because you have changed your mind.

This does not affect your rights where a product is faulty, does not match what you ordered, or otherwise fails to meet a guarantee that applies under New Zealand law.

5. Made-to-order products and pre-orders

Some products may be made to order, temporarily unavailable, backordered, or offered for pre-order.

Where a product is made to order or available for pre-order, any production, restock, dispatch, or delivery timeframe shown on our website is an estimate unless we expressly state that it is guaranteed.

Estimated timeframes may change due to production demand, material availability, supplier delays, equipment failure, courier delays, or other circumstances.

If there is a significant delay affecting your order, we may contact you with updated information or available options.

Placing a pre-order reserves the relevant product but does not guarantee a particular delivery date unless we have expressly agreed to one.

6. Website use

You agree to use our website only for lawful purposes and in a way that does not damage, disable, overload, interfere with, or compromise the website or its security.

You must not:

• attempt to gain unauthorised access to our website, systems, accounts, or data;

• upload or transmit viruses, malware, or harmful code;

• scrape, harvest, copy, or reproduce website content using automated means without our permission;

• use our website for fraudulent, misleading, unlawful, or abusive purposes;

• interfere with another person's use of the website; or

• attempt to circumvent security, purchasing, inventory, or other restrictions.

We may restrict or suspend access to our website where we reasonably believe these Terms have been breached or where necessary to protect our website, customers, or business.

7. Orders

When you place an order, you agree that the information you provide is accurate, complete, and current.

This includes your name, email address, delivery address, billing information, personalisation details, and any other information required to process your order.

After placing an order, you may receive an automated order confirmation. This confirms that we have received your order.

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

• a product is unavailable;

• there has been an obvious pricing, description, stock, or shipping error;

• payment has not been successfully received;

• the order appears fraudulent or suspicious;

• delivery to the supplied address is not reasonably available;

• information required to complete the order has not been provided;

• we cannot reasonably manufacture, source, or fulfil the product; or

• circumstances outside our reasonable control prevent us from fulfilling the order.

If we cancel an order after receiving payment, we will refund the amount paid for the cancelled portion of the order.

Nothing in this section allows us to avoid obligations that apply under New Zealand consumer law.

8. Pricing and payment

Unless stated otherwise, prices shown on our website are in New Zealand dollars.

Any applicable taxes and shipping charges will be displayed at or before checkout where required.

We may change our prices at any time. Price changes do not affect an order that we have already accepted, except where there has been an obvious pricing error and applicable law allows the error to be corrected.

The amount payable for an order is the amount shown at checkout when the order is placed, subject to any obvious error.

Payment must be successfully completed before an order is dispatched unless we have expressly agreed otherwise.

Payments may be processed by third-party payment providers. We do not receive or store your complete payment card details where these are handled directly by the payment provider.

Your use of a third-party payment service may also be subject to that provider's terms and privacy practices.

9. Product availability

Product availability and stock levels may change at any time.

We make reasonable efforts to keep website inventory accurate, but discrepancies can occasionally occur due to simultaneous orders, manufacturing limitations, damaged stock, material shortages, supplier availability, or system errors.

If you order something that we are unable to supply, we may contact you to arrange an alternative, wait for replacement stock, modify the order with your agreement, or provide a refund.

We are not required to supply a product where it cannot reasonably be supplied or where it was listed as available due to an obvious error, subject always to our obligations under applicable law.

10. Shipping and delivery

Shipping and delivery are also governed by our Shipping Policy.

The destinations we currently ship to, shipping rates, and available delivery services are shown on our website or at checkout.

Delivery and dispatch timeframes are estimates unless expressly stated otherwise.

Delivery may be affected by circumstances including courier delays, rural delivery, public holidays, severe weather, incorrect addresses, high-volume periods, supplier delays, and other circumstances outside our reasonable control.

You are responsible for providing a complete and accurate delivery address.

If incorrect or incomplete information provided by you results in a parcel being returned, redirected, or requiring redelivery, we may require payment of reasonable additional shipping costs before sending the order again, where permitted by law.

If actual shipping requirements differ substantially from those anticipated at checkout, we may contact you before dispatch to discuss available options.

Nothing in these Terms limits any legal rights relating to delivery under the Consumer Guarantees Act 1993 or other applicable law.

11. Delivery problems and damaged parcels

If an order arrives damaged, incomplete, or appears to have been damaged during transit, please contact us as soon as reasonably possible.

We may ask you to provide photographs of:

• the product;

• the shipping packaging;

• the shipping label; and

• any visible damage.

This information helps us assess the issue and, where applicable, make a claim with the courier.

Where a product has been damaged in transit or otherwise fails to meet an applicable consumer guarantee, we will provide a remedy as required by New Zealand law and our Refund Policy.

12. Returns, refunds, and exchanges

Returns, refunds, exchanges, faulty products, and damaged products are handled in accordance with our Refund Policy and applicable New Zealand law.

Returns are accepted within 30 days on the terms set out in the Refund Policy.

We also do not generally provide a remedy where the problem was caused by:

• misuse;

• accidental damage;

• improper care;

• unauthorised modification;

• use contrary to supplied instructions;

• normal wear and tear; or

• use outside the product's intended purpose.

However, these exclusions do not apply where New Zealand law requires us to provide a remedy.

Nothing in these Terms or our Refund Policy limits or excludes rights you have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other rights that cannot lawfully be excluded.

13. Consumer Guarantees Act

If you acquire products from us as a consumer, you may have rights under the Consumer Guarantees Act 1993.

Where the Act applies, products supplied by us are subject to statutory guarantees including, where applicable, guarantees relating to acceptable quality, fitness for purpose, description, and delivery.

If a product does not meet an applicable guarantee, you may be entitled to a remedy under the Act. The appropriate remedy will depend on the circumstances and may include repair, replacement, refund, damages, or another remedy required by law.

These statutory rights apply regardless of any separate manufacturer's warranty or store warranty.

If products or services are acquired for business purposes and both you and we are in trade, the Consumer Guarantees Act may only be contracted out of where permitted by law and where the required written agreement and legal requirements for contracting out are satisfied.

14. Fair Trading Act

We aim to ensure that product descriptions, prices, promotions, availability information, photographs, and other representations made by us are accurate and not misleading.

Errors may occasionally occur, and we may correct genuine errors or inaccuracies when identified.

Nothing in these Terms permits us to engage in misleading or deceptive conduct or make representations prohibited by the Fair Trading Act 1986.

15. Product care

You are responsible for following any care instructions provided with a product or shown on its product page.

Different materials and products may require different care.

Unless otherwise stated, products should be kept away from conditions that could damage the materials from which they are made, including excessive heat, open flames, harsh chemicals, or other unsuitable environments.

Products should only be cleaned using methods stated to be suitable for that particular product.

Where specific care instructions are provided on a product page, label, insert, or packaging, those instructions take priority over general information in these Terms.

Damage caused by incorrect care is not considered a manufacturing defect unless applicable law provides otherwise.

16. Intellectual property

Unless otherwise stated, content on our website including our branding, photographs, written content, graphics, logos, product presentation, website materials, and original designs is owned by us or used by us with permission.

You must not reproduce, distribute, modify, publish, sell, commercially exploit, or otherwise use our intellectual property without our prior permission except where permitted by law.

Purchasing a physical product does not transfer ownership of any intellectual property rights associated with that product, its design, our branding, photographs, or other content.

Some products, components, designs, software, typefaces, images, or other materials may incorporate intellectual property owned or licensed by third parties. Those rights remain with the relevant owners.

17. Reviews, photos, and other customer content

If you submit a review, photograph, testimonial, feedback, or other content to us, you confirm that you have the right to provide that content.

Providing content to us for customer service purposes does not automatically give us permission to publicly use it for advertising or marketing.

Where you submit content through a feature that clearly indicates it may be published, or separately give us permission to use it, you grant us permission to reproduce and display that content for the purposes described when it was collected.

We may moderate or remove content displayed through our website where we reasonably consider it unlawful, misleading, abusive, offensive, spam, irrelevant, or otherwise inappropriate.

18. Third-party services and links

Our website may use or link to third-party services including Shopify, payment providers, courier companies, analytics providers, apps, plugins, social networks, and external websites.

Third-party services are operated independently from us and may have their own terms and privacy policies.

While we take reasonable care in selecting services we use, we do not control independent third-party websites or services and are not responsible for their content, availability, or practices except to the extent that applicable law makes us responsible.

19. Privacy

We collect, store, use, and disclose personal information in accordance with our Privacy Policy and applicable New Zealand privacy law.

Personal information may include details such as your name, contact information, delivery address, billing information, order information, personalisation details, and messages you send to us.

We use personal information for purposes including processing orders, arranging delivery, providing customer support, operating our website, preventing fraud, maintaining business records, and complying with legal obligations.

More information about how we handle personal information is available in our Privacy Policy.

20. Limitation of liability

Nothing in these Terms limits or excludes any liability, right, guarantee, or remedy that cannot lawfully be limited or excluded.

In particular, nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 where that Act applies.

To the extent permitted by law, we are not responsible for indirect or consequential loss arising from circumstances outside the ordinary and reasonably foreseeable consequences of supplying the relevant product or service.

Where you acquire products or services for business purposes and consumer protections do not apply, any limitation of liability will apply only to the extent permitted by New Zealand law.

21. Your responsibility for unlawful use

You are responsible for losses or costs reasonably incurred by us as a direct result of your deliberate unlawful use of our website, infringement of another person's intellectual property rights through content supplied by you, fraud, or deliberate breach of these Terms.

Nothing in this section makes you responsible for losses caused by us or limits any protection available to you under New Zealand law.

22. Events outside our reasonable control

We are not responsible for delays or failures caused by events outside our reasonable control, except where applicable law requires otherwise.

These may include severe weather, natural disasters, fires, floods, power outages, internet or hosting failures, supplier disruption, courier disruption, strikes, government restrictions, widespread illness, equipment failure, material shortages, or other events we could not reasonably prevent.

If such an event materially affects an existing order, we will take reasonable steps to communicate with you and fulfil our obligations as soon as reasonably practicable.

23. Changes to our website, products, and services

We may add, modify, suspend, or discontinue products, product options, prices, website features, or services from time to time.

Changes made after an order has been placed do not retrospectively alter the terms of that order unless you agree to the change or applicable law permits it.

24. Changes to these Terms

We may update these Terms from time to time, including to reflect changes to our business, website, products, or legal obligations.

The Terms that apply to an order are generally those in effect when that order is placed.

Updated Terms will apply to future use of the website and future orders from the date they are published.

25. Severability

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

The remainder of these Terms will continue to apply.

26. No waiver

If we do not immediately enforce a right or provision under these Terms, this does not mean that we have waived that right.

27. Governing law

These Terms are governed by the laws of New Zealand.

Any dispute relating to these Terms, our website, or an order will be dealt with under New Zealand law and, where applicable, through the New Zealand courts or Disputes Tribunal.

28. Contact us

If you have questions about these Terms, your order, or our products, please contact us through our website Contact page or email hello@ofconcern.co.nz.