Terms of service
Overview
Welcome to Wild Acre. In these Terms of Service (“Terms”), “we”, “us” and “our” refer to POD Consulting Limited (company number 10716813), a company registered in England and Wales whose registered office is at 33A Old School Lane, Blakesley, Northamptonshire, NN12 8RS, trading as Wild Acre. Wild Acre operates this store and website, including all related content, features, tools, products and services (the “Services”). Wild Acre is powered by Shopify, which enables us to provide the Services to you.
These Terms, together with our Privacy Policy, Delivery Policy and Returns & Refunds Policy (which are incorporated by reference), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information including limitations of our liability.
By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use the Services.
Your statutory rights. Nothing in these Terms affects your legal rights as a consumer under the laws of England and Wales, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where anything in these Terms conflicts with those rights, your statutory rights prevail.
1. Access and account
By agreeing to these Terms, you confirm that you are at least 18 years old, or that you are using the Services under the supervision of a parent or guardian who agrees to these Terms.
To use the Services, you may be asked to provide information such as your email address and billing, payment and delivery details. You confirm that the information you provide is accurate, current and complete, and that you have the right to provide it. You are responsible for keeping your account credentials secure and for activity under your account, and you may not transfer or sell your account to anyone else.
2. Our products
We take care to represent our products accurately. However, because many items are natural, seasonal or handmade, and because screens and devices display colour differently, the exact colour, size and appearance of a product may vary from how it appears online and from one piece to another. This natural variation is part of the character of our products and is not a fault.
Product descriptions and availability may change at any time without notice. We may discontinue a product, or limit the quantity available to any customer or area, at our discretion.
3. Orders and how a contract is formed
When you place an order, you are making an offer to buy. Your order is not accepted, and no contract is formed, until we confirm dispatch of the item(s) (or, for made-to-order items, confirm acceptance of your order). The order confirmation we send when you place an order is an acknowledgement that we have received your order, not acceptance of it.
We may decline or cancel an order, or part of an order, at our discretion — for example if an item is unavailable, if there was an error in the price or description, or if we are unable to obtain authorisation for payment. If we do, we will contact you using the details you provided and refund any payment taken for the affected items.
Your purchases are subject to return in accordance with our Returns & Refunds Policy. Please note that fresh flowers and other perishable goods, and bespoke or made-to-order items, are excluded from the right to cancel for change of mind, as set out in that policy. This does not affect your rights if an item is faulty.
4. Prices and payment
The price of an item is the price shown at the time you place your order, as set out at checkout and in your order confirmation. Delivery charges, where they apply, are shown separately at checkout before you pay.
Prices, discounts and promotions may change without notice, and prices online may differ from those at markets, pop-ups or other places we sell. Where a promotion has its own terms and those conflict with these Terms, the promotion terms apply to that promotion.
You confirm that the payment details you provide are valid and that you are authorised to use the payment method.
5. Delivery
Delivery is covered by our Delivery Policy. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by the carrier, weather, or other events outside our reasonable control, but this does not affect your statutory rights if goods are not delivered within a reasonable time. Risk in the goods passes to you when they are delivered to you or to a person you have nominated to receive them.
6. Intellectual property
The Services, including the Wild Acre name, logo, brand, text, images, graphics, photography, and the design and arrangement of the store, are owned by POD Consulting Limited or its licensors and are protected by UK and international intellectual property laws. The Wild Acre name and logo are trade marks of POD Consulting Limited and may not be used without our prior written permission.
You may use the Services for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, republish, or create derivative works from any material on the Services without our prior written consent. Shopify’s name, logo and marks are the property of Shopify; all other marks are the property of their respective owners.
7. Reviews and feedback
If you submit any reviews, suggestions, ideas or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, publish and display that Feedback for any purpose, including promoting the Services. You confirm that you own or have the rights to the Feedback you submit, that it is accurate, and that it does not infringe anyone’s rights or contain unlawful, offensive or malicious content. We are not obliged to keep Feedback confidential, to pay for it, or to publish it, and we may remove Feedback at our discretion.
8. Third-party links and tools
The Services may include links to, or tools provided by, third parties that we do not control. We provide access to these “as is”, we are not responsible for their content or practices, and your use of them is at your own risk. Please review the relevant third party’s terms and privacy policy before using them.
9. Relationship with Shopify
Wild Acre is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make are made directly with Wild Acre (POD Consulting Limited). Shopify is not responsible for any aspect of the sale between you and us, including any injury, damage or loss resulting from products purchased, and you release Shopify and its affiliates from claims arising from your purchases and transactions with us.
10. Acceptable use
You may use the Services only for lawful purposes. You must not use the Services to break the law, infringe anyone’s rights, harass or harm others, transmit false or misleading information, send spam, impersonate anyone, or introduce viruses or malicious code. You must not scrape, data-mine, copy or resell any part of the Services, collect others’ personal information, or bypass any security or access-control measures. We may suspend or terminate your access if you breach these Terms.
11. Automated agents
If you use or deploy any automated or semi-autonomous software agent to access the Services, it must identify itself as an agent in its requests, must not disguise itself as human or circumvent measures that distinguish automated from human use (including CAPTCHAs), must answer truthfully when asked whether it is automated, and must respect any measures we use to control automated access. We may limit or block automated access by technical means.
12. Errors, inaccuracies and omissions
Occasionally information on the Services may contain typographical errors, inaccuracies or omissions relating to descriptions, pricing, promotions, delivery charges or availability. We may correct any errors and change or update information, or cancel an order, if any information is inaccurate at any time without prior notice (including after you have submitted your order). Where we cancel an order you have paid for because of such an error, we will refund you in full.
13. Availability of the Services
We aim to keep the Services available and accurate, but we do not guarantee that they will always be available, uninterrupted, secure or error-free, or that the information on them is complete or current. Except as required by law, the website and its content are provided on an “as available” basis. This clause does not affect the statutory quality, description and fitness rights that apply to the products you buy from us.
14. Our liability
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for your statutory rights as a consumer that cannot lawfully be excluded.
Subject to that, we are not liable for losses that were not foreseeable, for losses arising from your own breach of these Terms, or for business losses (we supply to consumers for personal use, and we have no liability for loss of profit, loss of business, or business interruption). Where we are liable for a defective product, our liability is as provided under the Consumer Rights Act 2015 and, where applicable, the Consumer Protection Act 1987.
15. Indemnity
You agree to be responsible for any loss or claim we reasonably incur arising from your breach of these Terms, your misuse of the Services, or your infringement of the rights of a third party. This does not apply to anything caused by our own breach or negligence, and nothing in this clause limits your statutory rights.
16. General
Termination. We may suspend or end your access to the Services where you breach these Terms. Clauses that by their nature should survive termination (including intellectual property, feedback, liability, indemnity and governing law) continue to apply.
Severability. If any provision of these Terms is found to be unlawful or unenforceable, that provision is severed and the remaining provisions continue in force.
Waiver and entire agreement. A failure to enforce a provision is not a waiver of it. These Terms and the policies referred to in them form the entire agreement between you and us regarding the Services.
Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may transfer ours to another organisation, and will tell you if we do; this will not affect your rights.
Governing law. These Terms are governed by the law of England and Wales, and any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. If you live elsewhere in the UK, you may bring proceedings in your own jurisdiction.
Changes to these Terms. We may update these Terms from time to time by posting the revised version on this page and updating the date above. The version that applies to your order is the one in force when you place it.
17. Contact
Questions about these Terms should be sent to orders@wild-acre.uk. Our details are:
POD Consulting Limited (trading as Wild Acre)
33A Old School Lane, Blakesley, Northamptonshire, NN12 8RS, United Kingdom
Company registration number: 10716813
Email: orders@wild-acre.uk