Terms of service

OVERVIEW

Welcome to xsomeone. Throughout these Terms, “we”, “us”, and “our” refer to xsomeone.

xsomeone operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced here (including our Privacy Policy and Refunds & Returns Policy), set out the terms on which you may access and use the Services, and describe your rights and responsibilities as a customer.

Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing, browsing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, and that you have given consent for any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing our store or making a purchase, you may be required to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide it.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We do our best to display our products as accurately as possible, including colours, details, and fit. That said, screens are screens. Colours and appearance may vary slightly depending on your device, settings, and real-world conditions.

Because each item is made to order, small variations in colour, print placement, or finish can occur. These variations are part of the production process and are not considered defects.

We do not guarantee that products will appear exactly as shown on your screen or meet every individual expectation. However, we stand behind the quality of what we make.

Product descriptions, pricing, and availability may change at any time without notice. We reserve the right to modify, limit, or discontinue products, and to restrict quantities by person, region, or order.

SECTION 3 – ORDERS

When you place an order with xsomeone, you are making an offer to purchase. Your order is accepted once payment has been successfully processed and we confirm acceptance.

Because our products are made to order, please review your order details carefully before checkout, including size, colour, and shipping information. Once an order has been accepted and production has begun, we may not be able to cancel or change it.

Estimated production and delivery timeframes are provided for guidance only and are not guaranteed.

We reserve the right to refuse, adjust, or cancel any order for reasons including payment issues, errors, or availability. If this happens, we will attempt to notify you using the contact details provided at checkout.

All purchases are subject to our Refunds & Returns Policy, which governs returns, refunds, and replacements. In the event of any inconsistency between these Terms and the Refunds & Returns Policy, the Refunds & Returns Policy will apply.

By placing an order, you confirm that purchases are for personal or household use only and not for resale, commercial use, or export.

SECTION 4 – PRICES AND BILLING

All prices displayed on xsomeone are subject to change without notice. The price charged will be the price shown at the time your order is placed and confirmed.

Unless stated otherwise, prices do not include shipping, handling, taxes, customs duties, import charges, or other government fees. These are the responsibility of the customer.

Prices shown in our online store may differ from prices offered by third-party retailers or platforms.

Promotions, discounts, or special offers may be offered from time to time and are subject to their own terms. Where promotional terms conflict with these Terms, the promotional terms will apply.

We reserve the right to correct pricing errors or inaccuracies and to cancel or refuse orders placed at an incorrect price, even after confirmation. If payment has been processed, a refund will be issued.

You agree to provide accurate, complete, and up-to-date payment and account information and to promptly update any changes.

By placing an order, you represent and warrant that:

  • Payment details provided are true and accurate

  • You are authorised to use the payment method

  • Your payment provider will honour the charges

  • You agree to pay all applicable charges

Payments are processed securely through third-party payment providers. xsomeone does not store full payment card details.

SECTION 5 – SHIPPING AND DELIVERY

All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather events, supply chain disruptions, or circumstances beyond our reasonable control.

Once your order has been handed to the shipping carrier, title and risk of loss pass to you, and responsibility for delivery rests with the carrier.

We are not liable for delays or losses caused by incorrect or incomplete shipping information provided at checkout.

International orders may be subject to customs duties, taxes, or import fees imposed by the destination country. These charges are not included in product or shipping prices and are the customer’s responsibility.

If your order appears delayed or lost, please contact us within the timeframes set out in our Refunds & Returns Policy.

SECTION 6 – INTELLECTUAL PROPERTY

All content available through xsomeone including product designs, graphics, artwork, text, slogans, symbols, hidden or coded messages, logos, photographs, videos, audio, website content, and the overall look and feel of the Services is owned by xsomeone or its licensors and is protected by intellectual property laws in New Zealand and internationally.

Purchasing a product grants ownership of the physical item only and does not transfer any intellectual property rights.

You may use the Services and products for personal, non-commercial use only. You must not, without prior written permission:

  • Copy, reproduce, scan, digitise, or photograph designs for reproduction

  • Modify or create derivative works

  • Resell or commercially exploit designs or content

  • Use designs or concepts to create competing products

All rights not expressly granted are reserved by xsomeone.

xsomeone’s names, logos, designs, and slogans are trademarks of xsomeone or its licensors. Shopify’s marks belong to Shopify. All other trademarks belong to their respective owners.

Unauthorised use may result in legal action.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. We have no liability arising from your use of optional third-party tools.

SECTION 8 – THIRD-PARTY LINKS

The Services may include links to third-party websites. We are not responsible for third-party content, products, or services. Accessing third-party sites is at your own risk.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

xsomeone is powered by Shopify, but all purchases are made directly with xsomeone. Shopify is not responsible for any aspect of transactions between you and xsomeone. You release Shopify from all claims arising from your purchases.

SECTION 10 – PRIVACY POLICY

All personal information collected is governed by our Privacy Policy [LINK] and Shopify’s Privacy Policy. By using the Services, you acknowledge that your information may be processed by Shopify and service providers in other countries.

SECTION 11 – FEEDBACK

If you submit feedback, you grant xsomeone a perpetual, worldwide, royalty-free licence to use it for any purpose. We are not obligated to keep feedback confidential or provide compensation.

SECTION 12 – ERRORS AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate, even after submission.

SECTION 13 – PROHIBITED USES

You may not use the Services for unlawful, abusive, misleading, infringing, or harmful purposes, or interfere with the security or functionality of the Services.

SECTION 14 – TERMINATION

We may terminate access to the Services at any time. Obligations incurred prior to termination remain enforceable.

SECTION 15 – DISCLAIMER OF WARRANTIES

Services and products are provided “as is” and “as available” without warranties of any kind.

Nothing in these Terms excludes rights you may have under applicable consumer protection laws that cannot be excluded by law.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, xsomeone and its partners will not be liable for indirect, incidental, or consequential damages arising from use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless xsomeone and Shopify from claims arising from your breach of these Terms or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain in effect.

SECTION 19 – WAIVER & ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and xsomeone.

SECTION 20 – ASSIGNMENT

You may not assign these Terms without consent. We may assign them freely.

SECTION 21 – GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of New Zealand, and you submit to the exclusive jurisdiction of the courts of New Zealand.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We may update these Terms at any time. Continued use of the Services constitutes acceptance of changes.

SECTION 24 – CONTACT

Questions about these Terms should be sent to:

📩 hello@xsomeone.com