Terms of service

In this agreement, we refer to you, the purchaser, as “you” or “your,” and pouchie.co.nz as “us,” “we,” or “our.”

1. General

This agreement applies to all purchases of Pouchie products by you from the pouchie.co.nz website and replaces all previous agreements between you and us. We may change the terms of this agreement from time to time using the process set out in clause 20. This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website.

2. Definitions

“Agreement” means this agreement and includes any other terms incorporated into it by reference.
“Information” means all information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history.
“GST” means goods and services tax.
“Products” means all nicotine pouch products available for purchase on our website.
“Website” means our website, accessible via the pouchie.co.nz domain name.

3. Purchasing Terms

  • You are 18 years old or over and can produce sufficient evidence (e.g., driver licence, passport, or other valid 18+ government‑issued ID) on request prior to or upon delivery of the products; couriers may require proof of age on delivery.
  • All information supplied by you to us is true and correct at the time you make any purchase on the website.
  • Notwithstanding the above, we may refuse to accept your order at our sole discretion.
  • We may disclose your information to your bank or credit card company and for the purposes of any debt recovery proceedings we may issue against you.
  • We may restrict your ability to purchase products via the website by imposing a credit limit on your account.
  • You acknowledge that you are 18+ when making any purchase(s)/order(s) on this website, you have read and accepted these terms, and you agree to enter into a legal contract with us.
  • If your shipping address is in Australia, you must hold a valid prescription and comply with the TGA Personal Importation Scheme requirements (see clause 7.3).

4. Price

Product prices quoted on our website are in NZD and inclusive of GST (where applicable). You must pay us the full price quoted. We reserve the right to vary prices without notice.

4.1 Transit Cost

Product prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and added to the price.

4.2 Mistakes by computer/human error

  1. If a computer or human error results in a material misstatement of the price of your order, we may, prior to your receipt of the order or at any time thereafter, require that you pay us the difference between the amount actually paid and the correct amount payable.
  2. If we become aware of any misstatement prior to delivery, we will make reasonable endeavours to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement.

5. Product Availability

All products are sold subject to availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply where products are not presently available or stock is exhausted. If we are unable to supply the quantities specified in your purchase order, you may elect to cancel or vary your order by agreement with us. Product availability and pricing online may differ from in‑store (if applicable) and between stores; online prices are exclusive to online purchases.

6. Processing Time of Orders

Orders are processed and dispatched the same business day or the next business day from the time of purchase, from our New Zealand warehouse, using tracked services (e.g., NZ Post/DHL).

7. Shipping

We ship using tracked services. Estimated timeframes:

  • Standard: 5–10 business days.
  • Express: 4–8 business days.

These windows are indicative guidelines only and do not account for unforeseen delays (e.g., customs, transit through intermediary countries, weather events, or carrier network delays). Refunds are not issued for delays unless the order is confirmed as lost per the carrier’s Lost Item Policy.

Dispatch origin: All orders are dispatched from New Zealand.

Where we ship: We ship nicotine pouches to many regions worldwide; we do not ship to the United States or New Zealand. Customers are responsible for ensuring purchase, importation, possession, and use comply with local laws.

Duties & taxes: Shipments are sent Delivery Duty Unpaid (DDU); all import charges (duties, taxes, clearance fees) are payable by you.

7.1 Age‑Restricted Delivery & Authority to Leave

Shipments may require a signature and proof of age on delivery. Authority to Leave (ATL) may not be available for age‑restricted shipments depending on the carrier and destination rules.

7.2 Additional Fees & Delivery Issues

  1. We may contact you to collect any under‑charged shipping fees due to addressing or service selection issues; your order may be placed on hold pending resolution.
  2. If we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to deliver at a later date.
  3. Where we fail to deliver or delay delivery of your order or part of your order, and where the loss is within our control, our liability is restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
  4. Advice regarding order shortages or damage in transit must be given to our customer service team within 14 days after delivery.
  5. Delivery is complete when the products reach the address you have specified for delivery.
  6. Nothing in these terms entitles you to return products as surplus to your needs except as set out herein.

7.3 Australia — Personal Importation Scheme (TGA)

  • You must hold a valid Australian prescription matching the items/strengths before ordering (provide by email as requested).
  • Quantity limits: Up to 3 months’ supply per shipment and no more than 15 months’ supply in any 12‑month period.
  • Personal use only; pouches in original packaging; shipments labelled accordingly; the consignee is liable for GST/duty/ABF fees.
  • No prescription, no dispatch; checkout includes age‑verification (18+).

8. Wrong Items

If you receive an incorrect item, please contact us within 14 days of delivery and keep the product sealed/unopened; we will arrange a replacement or refund upon verification.

9. Damaged Parcels on Arrival

If your parcel arrives damaged, contact us within 14 days of delivery with photos and your order number. In some cases, a carrier investigation may be required before a refund or replacement is issued.

10. Payment Terms

10.1 Payment

  1. You must pay us in full at the time you submit your order unless we have agreed to give you credit.
  2. If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
  3. If we agree to give you credit, you are required to pay us in full no later than the 19 days following the date of your order (“due date”). We may cancel the credit period and require immediate payment at our discretion if an unsatisfactory feature develops in our trading relationship.

10.2 Recovery & Costs

  1. We reserve the right to recover any products for which you have not paid by the due date; we will not be responsible for loss or damage arising from recovery/resale except where caused by our negligence.
  2. All costs associated with collecting unpaid amounts may be charged to you if your account remains unpaid.

10.3 Bank Transfer

  1. Orders paid by bank transfer may require you to email valid government‑issued photo ID before processing (e.g., passport, driver licence, or a local equivalent 18+ card).
  2. If ID is invalid or unacceptable, we may place your order on hold or cancel the order. We may request updated ID from time to time.

11. Warranties

11.1 Title & Possession

  1. We have the right to sell the products to you.
  2. The products are not subject to any undisclosed security or charge.
  3. You have the right to undisturbed possession of the products.

11.2 Product Quality

  1. Products are of acceptable quality having regard to their nature, price, representations made by us, and any statements on packaging or labels (including nicotine strength).
  2. Products are reasonably fit for any purpose that we represent.
  3. Products supplied by description correspond with their description.

12. Cancellation, Returns, and Replacement

  • After we have accepted your order for the products, you may not cancel the order without our consent; we will not consent if we have processed documentation in fulfilment of your order.
  • Returns for credit are at our discretion; return shipping cost is your responsibility.
  • If we consent to cancellation, we may require a minimum handling and shipping charge (exclusive of GST) per case.
  • Refunds/Replacement window: Requests due to damaged or incorrect items must be made within 14 days of delivery; approved refunds are issued to the original payment method (timeframes depend on your provider).
  • What isn’t refundable: customs seizures/refusals, change of mind, or delays (unless the order is confirmed lost by the carrier).

13. Use of Your Information

You acknowledge that we, our employees, carriers, contractors, and agents may use or disclose your information for purposes connected with supplying services to you (e.g., administration of your account, credit checks, service updates, and sharing with contractors to enable/facilitate your use of the website). We record technical and account information generated by your use of the website. You may request access to or correction of your personal information at any time.

14. Consent to Receive Electronic Messages

By registering on this website, you expressly consent to inclusion in our direct marketing database and accept that you may receive electronic communications and promotional offers from us. You may ask us at any time to stop sending promotional communications.

15. Intellectual Property Rights

We own, control, or have the right to use and provide the website and all content on the website. You may electronically reproduce and store website content solely for viewing, using the services, or saving content for your personal use. You may not publicly display or distribute website content without our express permission. Any infringement of our IP rights will be fully enforced under New Zealand law.

16. General Terms

No Waiver: No delay, neglect, or forbearance in enforcing these terms will be a waiver or prejudice any right.
Severability: If any part of these terms is invalid, illegal, or unenforceable, that part will be severed and the remainder will remain in full force.
Privity: Third parties may take the benefit of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

17. Jurisdiction

Our website is operated from New Zealand and is accessible internationally (subject to our shipping restrictions). You are responsible for complying with the laws applicable where you use the website and import products. This agreement is governed by New Zealand law; any legal action against us must be taken in a New Zealand court.

18. Assignment

You may not assign any rights under this agreement except with our prior written consent. We may assign our rights under this agreement without seeking your prior consent.

19. Notices

We will send invoices and notices required under this agreement to the address (postal or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure your contact details are current. You will be deemed to have received a notice: sent by email at the time we send it; sent by post four days after we send it.

20. Amendments

We may change the terms of this agreement by sending you notice (“amendment notice”) by your preferred contact method and supplying you with the amended agreement. The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.

21. Customer Obligations (International Compliance)

You are the importer of record and are expected to know, understand, and comply with the laws and regulations of your country of residence regarding nicotine pouches, including providing any documentation required by customs. Pouchie accepts no liability for orders delayed or seized by authorities due to your non‑compliance.

22. Change‑of‑Mind

To maintain product integrity and safety, we do not accept returns or exchanges for change of mind. Exceptions: We accept returns where products are defective or incorrect—notify us within 14 days of delivery and we will arrange a replacement or refund upon verification (see clauses 8, 9, and 12).

23. Consent to Receive SMS Messages

By registering on this website, you expressly consent to receive SMS messages as part of our direct marketing and service communications. You may opt out at any time.

24. Rewards Programme

These Terms govern the Pouchie Rewards Programme (“Programme”).

  • Membership: Open to individuals 18+; free and subject to acceptance by Pouchie upon your first purchase or migration from a prior programme.
  • Earning Rewards: Points are earned on qualifying purchases and may vary by promotion; points are not transferable and have no cash value.
  • Redeeming Rewards: Points can be redeemed for goods/discounts per our current reward structure and availability; programme terms may change at our discretion.
  • Expiration/Forfeiture: Points may expire if not redeemed within the timeframe we specify; unredeemed points are forfeited upon expiration.
  • Account Termination/Changes: We may terminate accounts for fraud, abuse, or violations and may modify the Programme and these terms at any time.
  • Privacy: Personal information is handled per our Privacy Policy.
  • Limitation of Liability: Pouchie is not liable for loss/damage arising from participation in the Programme.
  • Governing Law: New Zealand law applies.

25. Limitation of Liability; Indemnity; Contact

Limitation of Liability: We provide products and services “as is” and disclaim all warranties to the maximum extent permitted by law; we are not liable for direct, indirect, incidental, consequential, punitive, or exemplary damages arising from your use of our website or products.

Indemnification: You agree to indemnify and hold harmless Lion Projects Limited and its affiliates, officers, directors, employees, and agents from claims and costs arising from your breach of these Terms or violation of laws or third‑party rights.

Governing Law & Jurisdiction: New Zealand law; New Zealand courts.

Contact: Lion Projects Limited t/a Pouchie, 32B Bruce Road, Levin 5510, New Zealand — admin@pouchie.co.nz.