Terms of Service
Namesake Limited NZBN 9429051235321 · Company No. 8692630
2/74 Upper Queen St, Auckland, NZ 1010
Last updated: 4 September 2026
Before you start
We have tried to write these terms the way we would explain them to you in person: plainly, without hiding the parts that matter. The sections most people actually need are Section 4 (Embroidery on Finished Products), Section 5 (Production Time and Dispatch) and Section 6 (Changes and Cancellations). If you read nothing else, read those three.
1. About these terms
This website is operated by Namesake Limited. Throughout the site, "we", "us", "our" and "Namesake" refer to Namesake Limited. "You" refers to you, the person browsing or buying.
By visiting our site or buying from us, you agree to be bound by these Terms of Service, along with the policies referenced in them, including our Returns, Refunds and Warranty Policy and our Privacy Policy. These terms apply to everyone who uses the site, whether you are browsing, buying, or supplying us with content.
Please read them before using the site. If you do not agree to them, please do not use the site or place an order.
Any new features or tools added to the store are also covered by these terms. We may update these terms from time to time by posting the updated version on this page. Your continued use of the site after we do so means you accept the changes. The version in force is the one published at the time you place your order.
Our store is hosted on Shopify Inc., which provides the ecommerce platform we sell through.
2. Using our website
By agreeing to these terms you confirm that you are at least the age of majority where you live, or that you have the consent of a parent or guardian.
You may not use our products for any unlawful or unauthorised purpose, or breach any law in your jurisdiction, including copyright law. You must not transmit any virus, worm or other destructive code. Breaching these terms may result in your access to our services being ended immediately.
3. Our products
Everything is made to order. We do not hold finished stock of personalised items. Each piece is embroidered specifically for you after you order it, in our Auckland studio.
Product images. We have made every effort to show the colours and detail of our products accurately, but we cannot guarantee that your screen displays colour accurately. Thread colours, fabric shades and finishes may look slightly different in person.
Personalisation previews. Where a product lets you preview your personalisation on screen, that preview is an illustration of your choices. It is not a stitch-accurate rendering of the finished embroidery. The real piece is stitched thread on fabric and will have depth, texture and slight differences the preview cannot show.
Availability. We may limit the quantity of any product, limit or refuse sales to any person or region, change prices and descriptions, and discontinue any product, at any time and without notice.
4. Embroidery on Finished Products
Every Namesake piece is embroidered onto a finished, ready-made product. We do not stitch flat fabric panels and then sew them into a garment, which is how large-scale manufacturers work. We stitch onto the completed cap, tote, blanket or knit, one piece at a time.
This is a large part of what makes each piece feel handmade. It also means our machines have to work across seams, curved panels, brims, elastic, ribbing, layered linings and stretch knits, rather than across a flat, stable surface.
Tolerance. Because of this, we allow a margin of up to 5% variation in the size and placement of embroidery compared with the design shown on our website. Variation within this margin is a normal characteristic of made-to-order embroidery on finished goods and is not a fault.
The following are also normal characteristics of our products and are not faults:
- slight variation in stitch alignment or angle, particularly close to seams, edges, curves and ribbing
- minor puckering, rippling or tension variation in the fabric around the stitching, most noticeable on merino, knit and stretch fabrics
- small differences between two items in the same order, or between a repeat order and an earlier one
- slight variation in thread colour between production batches, and between how a colour appears on screen and in real life
We check every piece before it leaves the studio and hold it to a standard we would be happy to receive ourselves. Where a stitch-out falls outside that standard, we re-make it before dispatch rather than sending it to you.
Nothing in this section limits your rights under the Consumer Guarantees Act 1993 or, for Australian customers, the Australian Consumer Law. If your item has a genuine manufacturing fault, contact us and we will put it right. See Section 11.
5. Production time and dispatch
Estimated embroidery time. The estimated dispatch timeframe for each item is shown on the product page, directly under the Add to Cart button. It reflects where our production queue sits at the time you are looking, so it is the most accurate figure we can give you at the moment you order.
It is an estimate, not a guarantee. Machine servicing, thread or blank stock delays, a design that needs re-digitising, or an unexpected run of orders can all push it out. If your order is going to be materially later than the estimate you were shown, we will email you rather than leave you wondering.
Production times extend during peak periods, particularly November and December and the weeks before Mother's Day and Father's Day. We reflect this in the estimate shown on the product page.
Shipping time is additional to embroidery time and depends on your delivery address and the courier.
Custom digitising. Orders that involve converting an uploaded image into an embroidery design take longer than standard orders, because the artwork has to be digitised before it can be stitched. This is reflected in the estimate on those product pages. See Section 7.
Rush Order. Rush Order is a paid add-on available at checkout on most products. It moves your order to the front of our production queue so it is embroidered ahead of standard orders.
Rush Order shortens embroidery time only. It does not upgrade or speed up shipping, and it does not change how long the courier takes to reach you.
Rush Order is not available on every product, and we withdraw it during our busiest weeks so we can protect timeframes already promised to existing orders. If you cannot see it at checkout and you have a deadline, email hello@namesakestore.com and we will tell you honestly whether we can make it.
Because a Rush Order goes into production straight away, there is usually very little opportunity to change or cancel it. See Section 6.
Pre-orders. Some items can be pre-ordered while out of stock. Payment is taken when you order, and the expected restock date is shown on the product page. Your item is embroidered to order once stock arrives. If the restock date moves by more than 14 days, we will email you and you may cancel for a full refund.
6. Changes and cancellations
Because every piece is made to order, we start work quickly.
We will change or cancel your order as long as we have not started it. Email hello@namesakestore.com with your order number as soon as you can, and we will check where your order sits in our queue and come straight back to you.
Once we have begun work on your order, whether that is digitising your artwork, preparing your design file, or stitching, we can no longer change the personalisation, and personalised items can no longer be cancelled, because the work has already been done specifically for you.
We will always tell you honestly which side of that line your order falls on.
Please check your spelling, capitalisation and design choices carefully at checkout. We embroider exactly what you enter, including typos, and we cannot re-make an item free of charge because of an error entered at the time of order.
7. Custom embroidery from uploaded images
Some products let you upload a photograph, a drawing or a piece of handwriting for us to turn into an embroidery design. This section applies to those orders.
Your rights in the image. By uploading an image, you confirm that you own it or have permission to use it, and that we may reproduce it in embroidery. Where you upload a child's handwriting or artwork, you confirm that you are their parent or guardian, or have their guardian's permission.
We may decline any image that appears to infringe someone else's rights, contains offensive or unlawful content, or is not technically suitable for embroidery.
What embroidery can and cannot do. Embroidery is stitched thread, not print. Fine detail, small text, gradients, shading and intricate patterns are simplified or removed when a design is converted into stitches. Our digitiser interprets your image as an embroidery design rather than reproducing it exactly. This interpretation is a normal and unavoidable part of the process, and dissatisfaction with the interpretation is not a fault.
Ownership of the embroidery file. We create and own the digitised embroidery file, which is our own technical and artistic work. We may reuse general design elements from it, such as breed shapes, lettering and motifs, in our wider design library.
We will not sell, license or publicly offer a design that is a recognisable likeness of your specific pet, your child's handwriting or artwork, or another clearly personal subject, unless you give us permission.
We may show finished pieces on our website and social media as examples of our work. If you would prefer we did not, just tell us and we will not.
Returns. Items embroidered from uploaded artwork cannot be returned or refunded for change of mind or design preference. Your rights in respect of manufacturing faults, damage in transit and consumer guarantees are unaffected. See Section 11.
8. Pricing and payment
Prices are shown in New Zealand dollars on namesakestore.com and namesake.nz, and in Australian dollars on namesakestore.au, unless stated otherwise. Prices include GST where applicable.
Prices are subject to change without notice. The price that applies to your order is the price displayed at the time you complete checkout.
We accept the payment methods shown at checkout, including Afterpay where available. Payments are processed by our payment providers, not by us. Your use of Afterpay or any other buy-now-pay-later service is subject to that provider's own terms and their assessment, and is a contract between you and them.
We reserve the right to refuse or cancel any order, and to limit quantities purchased per person, household or order. If we cancel an order we will refund you in full and contact you using the details you provided.
You agree to give us current, complete and accurate purchase and account information, and to keep it up to date so we can complete your order and contact you if we need to.
9. Shipping and delivery
Delivery addresses. You are responsible for entering a correct and complete delivery address. If a parcel is returned to us or needs to be redelivered because the address was wrong or incomplete, you are responsible for the cost of resending it.
Risk and title. Risk in the goods passes to you when the courier delivers them to the address you provided. Title passes when we have received payment in full.
Delayed or lost parcels. Once a parcel is with the courier, delivery timeframes are outside our control. If your tracking has not updated for an unusual length of time, or your parcel appears to be lost, email hello@namesakestore.com and we will open an enquiry with the courier and work with you to resolve it.
Taxes and duties. Import taxes, customs duties, sales tax such as VAT, and related fees payable on delivery are the responsibility of the person receiving the goods. We are not able to cover these and they must be settled by the recipient under their country's import rules.
10. Care of your item
Embroidered pieces, and merino and knitwear in particular, need to be cared for properly. Care instructions are supplied with every order and published at https://www.namesake.nz/pages/care-guide.
Following them is the best way to keep embroidery looking sharp, and warranty cover depends on it. See Section 11.
11. Returns, refunds and warranty
Our full Returns, Refunds and Warranty Policy is published at https://www.namesakestore.com/pages/returns&warranty and forms part of these terms. In summary:
- Personalised and custom items cannot be returned, exchanged or refunded for change of mind, for personalisation entered incorrectly at checkout, or for dissatisfaction with how a design has been interpreted in stitch.
- Genuine defects are different. If an item has a manufacturing fault, arrives damaged, or is not what you ordered, we will repair, re-make or refund it and cover return shipping. Please see Section 4, Embroidery on Finished Products, for the normal margin of variation that applies to made-to-order embroidery.
- Non-personalised items may be returned within 14 days of delivery if unused, unwashed, in original condition and with tags attached. You cover return shipping. There is no restocking fee.
- Warranty. Namesake products carry a 12 month warranty against manufacturing defects and faults in materials or workmanship.
12. Consumer guarantees
Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 in New Zealand, and under the Australian Consumer Law for customers in Australia.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under those laws where it cannot lawfully be excluded.
Where you acquire goods from us for the purposes of a business, the Consumer Guarantees Act does not apply, and the limitations in Section 13 apply in full.
13. Limitation of liability
Subject to Section 12, and to the maximum extent permitted by law:
- We do not guarantee that your use of the website will be uninterrupted, timely, secure or error-free, or that results obtained from it will be accurate or reliable.
- The website and its content are provided on an "as is" and "as available" basis.
- We are not liable for any indirect, incidental, special or consequential loss, including lost profits, lost revenue, lost savings or loss of data, arising from your use of the website or any product bought through it.
- Our total liability to you in connection with any product is limited to the amount you paid for that product.
14. Accuracy of information
The material on this site is provided for general information and should not be relied on as the sole basis for a decision without consulting more complete or more timely sources. Any reliance on it is at your own risk.
Occasionally there may be typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any error and to change, update or cancel affected orders without prior notice, including after you have submitted an order. If we cancel an order in these circumstances, we will refund you in full.
This site may contain historical information, which is provided for reference only and is not necessarily current. We have no obligation to update information on the site.
15. Modifications to the service
We may modify or discontinue the website or any part of it, and change prices, at any time without notice. We are not liable to you or any third party for any such modification, price change, suspension or discontinuance.
16. Third-party tools and links
We may give you access to third-party tools that we neither monitor nor control. These are provided "as is" and "as available", without warranty of any kind, and your use of them is at your own risk. You should make sure you are comfortable with the relevant provider's terms.
Third-party links on this site may take you to websites not affiliated with us. We are not responsible for their content or accuracy, and we are not liable for any loss connected with them. Please review their policies before transacting with them, and direct any complaints about their products to them.
17. Your comments and submissions
If you send us ideas, suggestions, proposals, plans, feedback, reviews or other material, whether or not we asked for them, you agree that we may edit, copy, publish, distribute, translate and otherwise use that material in any medium without restriction. We are not obliged to keep it confidential, to pay for it, or to respond to it.
You agree that your submissions will not infringe anyone's rights, will not be unlawful, defamatory, abusive or obscene, and will not contain malicious code. You may not use a false email address or misrepresent who you are. You are solely responsible for what you submit and for its accuracy.
We may, but are not obliged to, monitor, edit or remove content we consider objectionable or in breach of these terms.
18. Your personal information
Your personal information is handled in accordance with our Privacy Policy, published at https://www.namesakestore.com › pages › privacy-policy, which forms part of these terms.
19. Prohibited uses
In addition to the other prohibitions in these terms, you may not use the site or its content:
(a) for any unlawful purpose; (b) to solicit others to take part in unlawful acts; (c) to breach any international, national, regional or local law or regulation; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website.
We may terminate your use of the site for breaching any of these.
20. Intellectual property
All content on this site, including our designs, illustrations, embroidery files, photographs, text, logos and the Namesake name, is owned by or licensed to Namesake Limited and is protected by copyright and other intellectual property laws.
You may not reproduce, duplicate, copy, sell, resell or exploit any part of our service or content without our express written permission.
21. Indemnity
You agree to indemnify and hold harmless Namesake Limited and its directors, officers, employees, contractors and suppliers from any claim or demand, including reasonable legal costs, made by a third party arising out of your breach of these terms, or your breach of any law or the rights of a third party.
22. Termination
Obligations and liabilities incurred before termination survive termination of this agreement for all purposes.
These terms apply unless and until terminated by either you or us. You may terminate them at any time by telling us you no longer wish to use our services, or by ceasing to use the site.
If we consider that you have failed to comply with these terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services.
23. Severability
If any provision of these terms is found to be unlawful, void or unenforceable, that provision will still be enforced to the fullest extent permitted by law, and the unenforceable part will be severed. This does not affect the validity of the remaining provisions.
24. Entire agreement
Our failure to exercise or enforce any right or provision of these terms is not a waiver of it.
These terms, together with the policies referenced in them, make up the entire agreement between you and us and supersede any prior agreements or communications, including any earlier version of these terms.
Any ambiguity in these terms will not be construed against either party as the drafter.
25. Governing law
These terms are governed by and construed in accordance with the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts.
26. Changes to these terms
You can review the current version of these terms at any time on this page. We may update, change or replace any part of them by posting the updated version here. It is your responsibility to check this page periodically. Your continued use of the site after changes are posted means you accept them.
27. Contact
Questions about these Terms of Service can be sent to us at:
Namesake Limited Email: hello@namesakestore.com Phone: +64 21 938 995 2/74 Upper Queen St, Eden Terrace, Auckland 1010
