Terms & Conditions

1. Who these terms are between

This website, foundationbysarahstoute.com, is operated by FOUNDATION by Sarah Stoute ("FOUNDATION", "we", "us", "our"), a New Zealand business based in Christchurch. "You" means the person using the site or placing an order.

By browsing this site or placing an order you agree to these terms. If you do not agree with them, please do not use the site.

2. Our sister business

FOUNDATION grew out of Sarah Stoute Bespoke, the couture design house at sarahstoutebespoke.com, and the two share a founder. They are separate businesses with separate websites, and these terms apply only to purchases made here. An order placed with Sarah Stoute Bespoke is governed by that business's own terms.

3. Who may order

You must be at least 18 years old, or have the consent of a parent or guardian, and be able to enter a binding contract. You must give us accurate contact and delivery details — most delivery problems start with a mistyped address.

4. Placing an order

Adding items to your cart and paying is an offer to buy. A contract is formed when we send you an order confirmation email. Until then, no contract exists.

We may decline or cancel an order — before or after payment — if the item is out of stock, if there has been a pricing or description error, if we cannot deliver to your address, or if we reasonably suspect fraud. If we cancel an order you have paid for, we refund it in full to the original payment method, and we will tell you why.

Stock levels shown on the site are our best information at the time you look at them. Occasionally an item sells out between your order and our packing bench; if that happens we will contact you with the options and refund you if you prefer not to wait.

5. Prices, payment and GST

All prices are in New Zealand dollars and include GST. Shipping is calculated at checkout and shown to you before you confirm — see Shipping & Returns for the rates.

Payment is taken through Stripe, our payment provider. Your card details are entered on Stripe's secure page and are never held by us. We may add other payment methods from time to time.

We try hard to keep prices accurate, but if an item is listed at an obviously incorrect price we are not obliged to sell it at that price. We will contact you, and you may confirm the order at the correct price or cancel it for a full refund.

6. Discounts, kits and promotion codes

Where a multi-buy deal applies — currently 15% off once you have three or more of an eligible style in your order — it is applied automatically to the eligible items.

Our curated kits are sold at a fixed kit price that is already discounted. Promotion codes and multi-buy deals do not apply to items bought as part of a kit, and discounts do not stack. A promotion code applies only to the non-kit items in your order.

Promotion codes are never applied to shipping. Codes may carry a minimum order value or an expiry date, may be withdrawn at any time, and may not be resold or published without our permission.

7. Delivery, risk and title

Delivery timeframes, rates and the countries we ship to are set out on the Shipping & Returns page, which forms part of these terms.

Delivery estimates are our courier's, not a promise of a particular date. Where you are ordering for a wedding, please read the lead-time advice on that page and contact us if your date is close.

Risk in the goods passes to you on delivery to the address you gave us. Ownership passes once we have received payment in full.

8. Returns

Because our garments are intimate apparel worn against the skin, we do not accept change-of-mind returns or exchanges. Please use the size guide on each product page, and ask our concierge if you are between sizes.

If an item is faulty or is not what you ordered, contact us and we will arrange a return and a remedy at no cost to you. The full policy — including how to start a return — is on the Shipping & Returns page.

9. Your rights under New Zealand law

Where you buy from us as a consumer, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 give you guarantees that cannot be excluded. Nothing in these terms limits or excludes those rights, and any part of these terms that tried to would simply not apply.

If you acquire goods from us for the purposes of a business — for example a bridal boutique or stylist buying stock — you agree that the Consumer Guarantees Act does not apply, as permitted by section 43 of that Act, and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act do not apply.

10. Product descriptions, sizing and fit

We describe every piece as accurately as we can, and our size guides come from fitting real bodies in a working atelier. Even so, a size guide is guidance: bodies differ, and the same size can feel different under different fabrics. Fit advice from our concierge is offered in good faith and is not a guarantee of a particular result.

Colours shown on screen vary between devices and are indicative only.

11. Wearing our products safely

Some of our products adhere to the skin — our tapes and our adhesive bra among them. If you have sensitive skin, a known adhesive allergy, or any skin condition, patch-test on a small area first and stop using the product if any irritation appears. Do not apply adhesive products to broken, sunburnt, freshly waxed or irritated skin.

Follow the care and wear instructions supplied with each product. We are not responsible for damage or discomfort caused by use contrary to those instructions, and nothing here is medical advice — if you have a health concern, speak to your doctor.

12. In-store and event purchases

Items bought in person at our studio or at a FOUNDATION event are sold on the same returns terms as online orders. Where an event has its own conditions of entry or ticketing, those are given to you at the time and apply in addition to these terms.

13. Using this website

You may use this site to browse and to buy. You may not attempt to interfere with it, gain unauthorised access to any part of it, scrape it at a scale that degrades it for others, or use it for anything unlawful.

We aim to keep the site available and accurate, but we do not promise it will be uninterrupted or error-free. We may change, suspend or withdraw any part of it, including any product, at any time.

14. Intellectual property

The FOUNDATION name and logo, the photography, the written content, the garment designs and the design of this site belong to us or our licensors. You may not copy, reproduce or use them commercially without our written permission. Sharing a product image on social media, credited to us, is welcome.

15. Liability

Subject to section 9 above, and to the extent the law allows, we are not liable for indirect or consequential loss — including lost profits, lost opportunity or distress — arising from your use of this site or from any product, and our total liability in connection with an order is limited to the amount you paid for it.

This does not limit our liability for anything that cannot be limited by law, including under the Consumer Guarantees Act where it applies to you.

16. Privacy

How we handle your personal information is set out in our Privacy Policy, which forms part of these terms.

17. Links to other sites

Where we link to another website — our sister business, a social platform, a courier's tracking page — we do so for your convenience. We do not control those sites and are not responsible for their content or their terms.

18. Changes to these terms

We may update these terms as the business changes. The version published on this page when you place your order is the version that governs that order, so the date at the top matters.

19. General

If any part of these terms turns out to be unenforceable, the rest continues to apply. If we do not enforce a right straight away, we have not given it up.

These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction over any dispute. Before anyone reaches that point, please talk to us — almost everything is solved by an email.

20. Contact

Email foundationss@gmail.com
FOUNDATION by Sarah Stoute, Christchurch, New Zealand