Terms of service

OVERVIEW

Welcome to Rooted & Rising - Monthly Organic Seedling Boxes. In these Terms, the terms “we”, “us”, and “our” refer to Rooted & Rising - Monthly Organic Seedling Boxes.
Rooted & Rising operates this store and website, including all related information, content, features, tools, products, and services (the “Services”), in order to provide you with a curated shopping experience. Rooted & Rising is powered by Shopify, which enables us to provide these Services to you.
These Terms of Service, together with any policies referenced herein (the “Terms”), set out your rights and responsibilities when you use the Services.
Please read these Terms carefully. They contain important information regarding your legal rights, including disclaimers of warranties and limitations of liability.
These Terms & Conditions apply to all purchases made through Rooted & Rising Aotearoa. By placing an order, you agree to the terms outlined.
Nothing in this policy limits or excludes the rights of customers under the Consumer Guarantees Act 1993 (NZ).

Product Nature – Living Seedlings

All of our seedlings are grown by The Eastern Field using NZ heritage seeds. Our seedling boxes are pre-planned and curated in advance. Customers do not select individual plants. Our model follows a seasonal, shared-risk structure similar to a CSA, designed to align with natural growing cycles.
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

By purchasing, you acknowledge that:

Growth, performance, and survival depend on environment, handling, and care
Seasonal conditions may affect plant size, appearance, and timing
Substitutions may occasionally be necessary due to crop or seasonal factors

Although we prepare and pack seedlings to withstand shipping, we do not guarantee plant performance after delivery.

Seasonal & Supply Variability
As a seasonal growing operation:

Box contents may vary
Timing may shift slightly to support plant health
Availability is influenced by weather and growing conditions

Orders (One-Off & Subscriptions)

All orders are placed online through our website.
We offer:

One-off purchases
Ongoing monthly subscriptions

When you place an order, you are making an offer to purchase. Rooted & Rising - Monthly Organic Seedling Boxes reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Rooted & Rising - Monthly Organic Seedling Boxes confirms acceptance.
Please review your order carefully before submitting, as Rooted & Rising - Monthly Organic Seedling Boxes may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
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, household, or community use and not for commercial resale.

Order Communication
It is our responsibility to deliver information on your plants and seedling care.
On the day your order is shipped, you will receive two emails:

One email with tracking details
One email with seedling descriptions, planting guidance, care instructions, and a monthly planting guide, including how to care for your seedlings before planting and how to prepare your garden

It is your discretion to receive email updates, and you may unsubscribe from notifications at any time.

Customer Responsibilities

When placing an order, customers agree to:

provide accurate and complete delivery details
ensure payments are made in full and on time
ensure appropriate care of seedlings upon receipt
follow any provided planting and care guidance

If you believe you have received incorrect items or are missing products, you must:

take clear photos prior to planting
contact us as soon as reasonably possible

We provide guidance and support; however, responsibility for the care and condition of plants transfers to the customer upon delivery.

Address Accuracy
Customers are responsible for providing accurate and complete delivery information at the time of order.

We are not liable for:

incorrect or incomplete delivery addresses
failed deliveries resulting from address errors or omissions

Any redelivery is at the discretion of Rooted & Rising Aotearoa and will be assessed on a case-by-case basis. Additional shipping charges may apply for redelivery or correction of address details.

Prices, Subscriptions, & Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for any product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, all prices exclude taxes and shipping charges.
From time to time, we may offer promotions or discounts on the Services. These may be subject to additional terms and conditions that apply separately from these Terms. In the event of any conflict between promotion-specific terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made through our store. You are responsible for promptly updating your account details, including email address, payment card numbers, and expiry dates, to ensure we can process transactions and contact you when necessary.
You represent and warrant that:
(i) the payment information provided is true, correct, and complete;
(ii) you are authorised to use the payment method provided;
(iii) any charges incurred will be honoured by your payment provider; and
(iv) you will pay all charges at the prices in effect at the time of purchase, including shipping, handling, and applicable taxes (if any).

Subscriptions

Subscription payments are charged monthly on a selected billing date.
Subscribers may manage their subscriptions at any time through their subscription portal, including:

updating payment details
updating personal information
changing subscription box size (Pocket, Thriving, Abundant)
pausing, skipping, or cancelling their subscription
changing scheduled payment dates

In the event that a recurring payment fails:

we will attempt to process payment up to five times over a period of approximately one week
if payment remains unsuccessful, the subscription will be automatically paused and it will be the subscriber’s responsibility to resolve the payment issue

Subscriptions must be managed or cancelled prior to the next billing cycle. Once a payment has been processed, adjustments and cancellations will apply from the following scheduled payment.

Shipping and Delivery

We ship all orders via NZ Post. We reserve the right to change couriers or delivery partners at any time without prior notice.
Once your order has been dispatched and is in the care of the courier, delivery timeframes are outside of our control. While delivery is typically overnight, it may take up to 3 working days, particularly for rural addresses.
We are responsible for your order up until the point of dispatch. Once an order has been shipped:

delivery is managed by the courier service
timing, delays, and handling are outside of our control

Delays may occur due to factors including:

courier network disruptions
weather conditions
rural delivery timeframes

We are not liable for any shipping or delivery delays once an order has been dispatched. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or any events outside our reasonable control. Once products are handed to the carrier, title and risk of loss passes to you.

Shipping Costs

Shipping costs are calculated at checkout based on delivery location. Costs may change without notice based on courier pricing and fuel costs. By placing an order, you agree to the applicable shipping rate at the time of purchase. It is the responsibility of the purchaser to select the correct shipping option.
If an incorrect shipping option is selected:

we will contact you to arrange payment of any difference or refund any overpayment
any outstanding shipping payments must be resolved prior to the order cut-off date

If shipping charges are not resolved, a full refund will be issued on the scheduled dispatch date. No orders will be shipped without correct shipping being paid, unless otherwise agreed in writing by Rooted & Rising Aotearoa.

Shipping Restrictions

Due to the living nature of plants and organisms, dispatch days for these items are fixed to ensure minimal time in transit. Dispatch cannot be expedited outside the stated schedule.
Customers are responsible for ensuring they are able to receive live deliveries promptly, as plants and organisms must not be left unattended for extended periods.

Send-Out Schedule & Order Cut-Offs

All orders are sent on a set monthly dispatch date. We do not offer individual or alternative shipping dates.

Orders close at 11.59pm on the Saturday prior to the scheduled dispatch date
Dispatch dates are communicated via email within two weeks of shipping

Orders placed after the cut-off will roll over to the following month’s send-out.

Damage, Refunds, Returns and Replacements

Due to the perishable and living nature of our seedlings:

we do not offer refunds or exchanges for change of mind after dispatch
refunds for the corresponding month may be issued prior to the order cut-off date, at the discretion of Rooted & Rising Aotearoa
if your order arrives in damaged or poor condition, you must contact us within 7 days of delivery

To lodge a claim, you must:

email us at Rootedandrisingaotearoa@gmail.com
provide a clear description of the issue
include clear photo or video evidence, taken prior to unwrapping where possible, particularly if external packaging is damaged

Where an issue is verified, we may offer, at our discretion:

replacement seedlings
partial refund or store credit

All approved refunds will be processed within 7 business days.
Returns due to change of mind are not guaranteed and may be declined.
We are not responsible for plant loss or damage resulting from:

delayed planting or incorrect care
weather conditions
pest or disease issues
damage or delays caused by courier services

Live plants are deemed to have been supplied in acceptable condition unless issues are reported promptly after delivery or collection.
For live plants and organisms, the following are considered normal and do not constitute a fault:

minor cosmetic damage
natural variation in size, shape, or colour
seasonal variation
temporary transit stress, including wilting

Events Outside Our Control

We are not liable for failure or delay in fulfilling orders due to events outside our control, including:

extreme weather events
crop failure
supply disruptions
courier interruptions

In the unlikely event that we are unable to deliver the monthly box for the corresponding month, a refund will be issued within 7 business days of notification.

Intellectual Property

All content and materials made available through our Services, including but not limited to trademarks, brand assets, text, images, graphics, product reviews, video, audio, and the overall design, selection, and arrangement of these elements, are owned by Rooted & Rising Aotearoa - Monthly Organic Seedling Boxes, its affiliates, or its licensors. These materials are protected by applicable intellectual property laws, including copyright and trademark laws.
You are permitted to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from the Services without our prior written consent.
Except as expressly stated in these Terms, nothing grants you any rights or licences to use any intellectual property belonging to Rooted & Rising Aotearoa - Monthly Organic Seedling Boxes, Shopify, or any third party. Any unauthorised use may breach applicable intellectual property laws. All rights not expressly granted are reserved.
The names, logos, product and service names, designs, and slogans of Rooted & Rising Aotearoa - Monthly Organic Seedling Boxes are trademarks of Rooted & Rising Aotearoa - Monthly Organic Seedling Boxes or its affiliates or licensors, and must not be used without prior written permission.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the property of their respective owners.

Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here (https://www.shopify.com/legal/privacy/app-users). By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

Relationship With Shopify

Rooted & Rising - Monthly Organic Seedling Boxes 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 Rooted & Rising - Monthly Organic Seedling Boxes. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Rooted & Rising - Monthly Organic Seedling Boxes, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Rooted & Rising - Monthly Organic Seedling Boxes.

Errors, Inaccuracies and Omissions

Occasionally there may be information in or on the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Feedback

If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, irrevocable, royalty-free, sublicensable licence to use, reproduce, modify, adapt, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. This includes using Feedback to operate, improve, and promote our services, and to fulfil our obligations under these Terms.
By providing Feedback, you confirm that:
(i) you own, or have the necessary rights to share, the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with it; and
(iii) your Feedback complies with these Terms.
We are not obligated to:
(1) keep any Feedback confidential;
(2) provide compensation for any Feedback; or
(3) respond to any Feedback.
We reserve the right, but are not obligated, to monitor, review, edit, or remove any Feedback that we consider, at our sole discretion, to be unlawful, offensive, defamatory, obscene, or otherwise in breach of these Terms or any applicable rights.
You agree that your Feedback will not infringe the rights of any third party, including intellectual property, privacy, or personal rights, and will not contain unlawful, abusive, or harmful content, including viruses or other malicious code. You must not use a false email address, impersonate another person, or otherwise mislead us or others as to the origin of any Feedback.
You are solely responsible for the Feedback you provide and its accuracy. We accept no liability for any Feedback submitted by you or any third party.

Termination

We may terminate this agreement or suspend your access to the Services (in whole or in part) at our sole discretion, at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination or suspension.
The following sections will survive termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

Changes to Terms of Service

You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend, or replace any part of these Terms of Service by posting updates on our website. It is your responsibility to check this page periodically for changes.
Where required, we will provide notice of material changes. Any such changes will take effect on the date specified in the notice.
Your continued use of, or access to, the Services following the posting of any changes constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at rootedandrisingaotearoa@gmail.com.
Our contact information is posted below:
Rooted and Rising Aotearoa
rootedandrisingaotearoa@gmail.com
814b Allport Road, Paengaroa
New Zealand