DIY Parcel service is operated by Aion Cargo Solutions Limited and Aion Cargo Solutions is registered company in New Zealand.
These
terms and conditions apply to the use of the www.diyparcel.com website and each of its sub-domains (the "Site"). The
term "site", when used in these terms and conditions, also includes
the DIY Parcel app any other websites owned by a member of the Aion Cargo
Solutions that link to these terms. We may change these terms and conditions at
any time by posting changes online (as defined in condition 3.5 below).
We
use the phrase "these terms" to cover all of these terms and
conditions and any changes to them. It is Your responsibility to ensure that
any limitations of liability and any other conditions that apply to these terms
are fully understood before You place Your order through DIY. If You don't
accept them, You should not use the website.
Herein after referred to as ‘DIY’ or
‘We’ set out the following terms and conditions upon which DIY offers
registered DIY members (collectively referred to as ‘Customer’) and
herein referred to as ‘User’ ‘You’ and ‘Your’ a license to
use http://diyparcel.com (the ’Site’)
including the Interactive Service.
The definitions to be read with these
Service Terms are set out in full at Clause 17.
DIY is an intermediary host provider of an Interactive,
online logistics platform dedicated to facilitating an innovative and efficient
New Zealand Domestic and International logistics service relating to Consignments
where upon customers can inter alia arrange for the drop off, transportation
and delivery of packages by DIY via the DIY network by the way of the DIY
Services.
A User who is a registered DIY member can:
-
benefit from the DIY membership
with a host of DIY membership benefits;
Subject to the limited rights expressly
granted hereunder, We and Our licensors reserve all of DIY/their right, title
and interest in and to the Services and Content, including all of Our/their
related intellectual property rights. No right are granted to You hereunder
other than as expressly set forth herein.
We grant to You a worldwide, limited-term
license, under Our applicable intellectual property rights and licenses, to use
Content acquired by You pursuant to Order Forms, subject to those Order Forms,
this Agreement and the Documentation.
You grant DIY and Our Affiliates a
worldwide, limited-term license to host, copy, transmit and display Your Data,
and any orders created by or for You using a Service, as necessary for DIY to
provide the Services in accordance with this Agreement.
You grant to DIY and Our Affiliates a
worldwide, perpetual, irrevocable, royalty-free license to use and incorporate
into the Services any suggestion, enhancement request, recommendation,
correction or other feedback provided y You or Users relating to the operation
of the Services.
The site (and its content) is provided on
an "as is" and "as available" basis. We reserve the right
to withdraw or amend the website at any time and do not guarantee that the
website will be available to You at any time. The content of the website is
obtained from various sources and is subject to change without notice. We will
try to make sure that the information on the website is accurate and
up-to-date, but do not guarantee that the content is reliable, accurate, or
suitable for what You may want to use it for.
We reserves the right to change these
Service terms and conditions at any time without notice, effective immediately
upon posting on the Site. You agree that DIY will treat Your use of the Site
and/or the Interactive services as acceptance of the terms of the Agreement
including Your continued use subsequent to any changes being posted on the
Site.
The website is governed by the laws of New
Zealand. When You access the website, You submit to the exclusive jurisdiction
of the New Zealand courts.
By using any of the Interactive services
and the Site, You expressly agree to be bound by this Agreement to the extent
it is applicable and all applicable laws and regulations governing the Site and
the Interactive Services.
The Agreement forms a legally binding Agreement
between You and DIY in relation to Your use of the Site and/ or the Interactive
Services and applies to all Users of the Site and the Interactive Services as
applicable who may also be contributors of on the Site.
DIY may at its sole discretion,
sub-contract all or any part of the DIY Services to a Sub-Contractor. DIY
contracts on behalf of itself and the DIY Network, all of whom shall be
entitled to the benefit of these terms and who shall have no liability to
Customer greater than, or in addition to that of DIY.
You warrant that You are either the owner
of the Consignment or You are authorised by such owner to accept this Agreement
on such owner's behalf in respect of the Consignment and every constituent part
thereof including the Items.
You must be 15 years of age or older to
visit or use the Site in any manner, and, if under the age of 18 or the age of
majority as is defined in Your jurisdiction, You must use the Site under the
supervision of a parent, legal guardian, or other responsible adult.
DIY is not a common carrier and accepts Consignments
for carriage subject only to this Agreement and at its sole discretion.
At any time, a member of the DIY Network
who is tasked with collecting, transporting and/or delivering a Consignment may
refuse a collection or delivery if such is, or would be in breach of, the terms
of this Agreement.
Registering for DIY membership and a DIY
account is FREE and You will receive competitive Domestic and International
rate.
To avail fully of the Site and the Interactive
Services, You are required to fill out certain Registration Information online
via a DIY Registration Form. The Personal Data that You provide must be true,
accurate and complete at all times.
In order to provide You with maximum
protection, You will be asked to input Your username (which shall be Your
email) and to choose a password to create Your DIY login in order to access Your
DIY account on the Site.
You will keep Your DIY login relevant to
the Site and the Interactive Services confidential and not reveal it to anyone
else. You are responsible for all activities that are carried out under Your
DIY login. We do not have the means to check the identities of people or
businesses using the Site and will not be liable where Your DIY login is
unlawfully used by another. You agree to notify DIY immediately by contacting us
in writing of any unauthorised use of Your DIY login or Your DIY account of
which You become aware. You will not create additional accounts for the purpose
of abusing the functionality of the Site or other registered DIY Members or for
any other reason in breach of this Agreement.
As part of the verification process for
registration, upon registration, You will be asked to verify Your email
address. This helps us to reduce spam. Once verified successfully, on becoming
a DIY member, You are ready and authorised to start using the Interactive
Services and availing of DIY membership benefits.
You can cancel Your relationship with DIY
at any time. You can do this by requesting DIY for Your account deactivation by
sending an email request. This process will take up to five (5) Working Days to
complete.
DIY members who do not comply with this Agreement
may be subject to review, which can result in suspension of DIY membership
privileges and/or termination. We reserves the right to suspend the use of the
Site for a DIY Member pending the outcome of an investigation relating to a
Complaint or a breach of this Agreement.
You may obtain a quote from the main page
of the Site which shall remain valid for certain period only as market prices
can be volatile and can change on a regular basis to be competitive.
You may accept a DIY offer and place an
order online via the Site by clicking ‘Book now’. You will be asked to input
consignee name, email, phone number and address. Once this information has been
inputted You will then finalise the order by clicking ‘Check Out’.
Upon submitting and confirming Your Order, You
will be redirected to the third party web site (Payment Express) and asked to
submit payment details to settle the Order Price in advance and to expressly
accept the terms of our Agreement. You will be provided with an order confirmation
number on the Site screen.
DIY use ‘Payment Express’ solutions to
process all credit/debit card payment. For Payment Express security, please
refer it to the Privacy Policy Clause 8.
Payment can be only made by credit/debit
card. Bank transfer is not accepted.
We shall acknowledge receipt of Your Order
by sending You Your order acknowledgement and Consignment receipt by email.
You must complete the Order by:
-
ensuring that the package is
correctly packaged;
We are not able to supply You with the DIY
services unless You have complied with the Order Requirements.
All packages must be correctly packaged
(including exterior and interior packaging materials) and all packages must
comply with the laws and regulations of each country through which the Items
may be carried which shall be Your sole responsibility.
If We consider that the Items are not
correctly packaged for carriage, We may either refuse to accept the Consignment,
or repack it for You and will charge the repacking fee ($5.00).
Our charges in respect of a package is
worked out by measuring the physical or volumetric weight of a package,
whichever is the greater. To calculate volumetric weight (kg), measure the
parcel’s height (m) x length (m) x thickness (m) and multiply this by 200.
The dimensions of a package are taken as
per the largest possible dimension. If a package is bulging or has a part that
sticks out, then the dimensions will be calculated according to the maximum
footprint of the package.
If a package is in excess of 25kg, You must
place a ‘Heavy Package Label’ on the Package. DIY will not be liable to You for
any reason whatsoever if You omit to do this.
DIY will procure that the package is
audited for size and weight upon collection using calibrating weighing and
scanning equipment and in the event that the audit reveals a discrepancy,
Additional Surcharges will apply. DIY will be entitled to charge You
immediately for such discrepancy and You authorise DIY to invoice You. If the
whole amount owed cannot be paid for whatever reason by these means, the amount
outstanding shall be payable within seven (7) days as per Clause 13.
If You dispute the audit results, You can
appeal by providing the necessary proof deemed acceptable by DIY which
constitutes a photograph of the Package, with a visually clear tape measure
showing the dimensions.
Perishable and temperature-controlled goods
will be transported at Customer’s own risk. DIY do not provide special handling
for such Consignments and in the event of that loss, damage or deterioration of
one or more Items ensues, You acknowledge that DIY shall not be liable to You
for any losses suffered by You howsoever caused.
You also acknowledge that certain
Perishable items are not permitted for transportation. You should therefore
check with DIY prior to shipping. Some countries do not allow the importation
of Perishable items without a permit which You are obliged to ensure is in
place prior to shipping.
DIY does not accept Prohibited Items for
carriage as stated on this terms and condition clause 16.
Some Excluded items may be carried by DIY Network
but are carried at Your sole risk. Please check with DIY before You place an order.
DIY Excluded items include Items requiring professional packaging. You
acknowledge that due to the fragility or otherwise of Excluded items, We cannot
make any guarantees that damage will not occur during carriage and
consequently, We will not incur any liability to You if You choose to use the
DIY services in respect of Excluded items except in exceptional circumstances
where DIY are satisfied, at their discretion, to cover You for such Excluded items
which shall be decided on a case by case basis by You making a special request
to DIY by contacting us In writing, with a complete description and quantities
of the Items You wish to ship along with a description and images of the packaging
that You have used to protect Your Item.
If You nevertheless engage DIY to render
DIY services in respect of Excluded items (where DIY has not granted You an
Excluded item exception), You do so entirely at Your own risk.
Excluded Items MUST BE professionally
packaged to prevent You from incurring any losses in respect to damage. If You
require any further advice or clarification on this, please Contact Us.
Subject to the Excluded item exception,
should We receive from any customer (knowingly or unknowingly) items for
carriage which are Prohibited Items or Excluded Items, You shall have no Claim
whatsoever under or pursuant to this Agreement in respect of the carriage of
those Prohibited Items or Excluded Items and shall fully indemnify DIY in
respect of all losses however caused, arising out of the carriage of those
Prohibited Items or Excluded Items.
Customer may be liable to prosecution if
shipping Prohibited items via the DIY Network. DIY may deal with the Consignment
of Prohibited items in its sole and absolute discretion (without incurring any
liability whatsoever to Customer, Consignor or Consignee) including destroying
or otherwise disposing of such Consignment in whole or in part or returning the
Consignment to You, and shall be entitled to charge You for the cost of
disposal and all other costs reasonably incurred if it so chooses to return the
Consignment or any part of it.
Consignments that breach this Agreement will
be returned (unless collection is requested) to Consignor and Customer will not
be entitled to any refund for charges paid or any claim.
DIY has Autofill address function. Instead
of entering all consignee address data manually, You can use the AutoFill
feature to fill address information. By doing this You are giving DIY correct
information for us to deliver the Consignment.
If You do not use AutoFill function and Consignment
has been misdelivered, lost or damaged DIY have no liability of any losses
incurred in this respect.
DIY reserves the right, but is not obliged
to open and inspect, scan or X-ray any Consignment for reasons of safety and
security. In accordance with applicable regulations in various jurisdictions,
DIY may be required to undertake X-ray screening of Consignments and DIY shall
have no liability in respect of any Losses incurred in this respect.
For any Consignment accepted for carriage
by road, air or sea, the Convention Rules (as defined) governs, and in most
cases limits, the liability of DIY in respect of loss, damage or delay.
Provided that these Service Terms do not conflict with the Convention Rules in
respect of International carriage by air or sea, these Service Terms strictly
apply to the purchase and provision of the DIY Services.
If You are acquiring courier services from
DIY as a consumer, it is important that You understand that any rights You may
have, or obligations we may have to You, under the Consumer Guarantees Act 1993
and the Fair Trading Act 1986 apply alongside the terms of the Public Contract
and this Postal Users’ Guide, and are not impacted by anything in this Section
2, but are subject to the terms of the Postal Services Act 1998.
DIY shall use all reasonable endeavours to
adhere to the intended transit times which are Target Only and as such,
time for delivery, is not of the essence of this Agreement and the parties
agree that failure to meet anticipated collection and delivery times may be
down to a number of variables. You acknowledge and agree that DIY shall not be
liable to You in respect of any Losses incurred by You in respect of a delay,
in particular, any delay due to:
-
Force Majeure delays;
If You use a DIY service from Site and Your
item is lost or damaged in transit, if We are liable We may elect to repair or
replace the item or to pay You an amount:
-
equal to the replacement value
of the item;
whichever is the lesser, together with a refund of the postage paid.
The amount of cover available to You as a
sender if Your item is lost or damaged in transit (if any) will depend on:
-
the loss or damage is the
result of an event beyond our reasonable control;
-
sending a Prohibited item; or a
Restricted item without complying with our specified conditions of carriage;
Please note that no cover will be
available if You send a Prohibited item; if You send a Restricted item without
complying with our specified conditions of carriage; if the circumstances
described in 9.4.3 above occur; if You are a business and Your loss is indirect
or consequential; or if You cannot prove the sending of an item or its loss or
damage.
The following are the cover limits for
sending within New Zealand and Internationally.
It is important that You understand that
these limits are subject to the dependencies listed above – if Your item is
lost or damaged in transit, You do not automatically have access to the cover
limit for the service You purchased.
Both Domestic and International service
provide You with coverage for loss or damage up to $2,000 (including GST) for
each ticketed item sent with DIY service, subject to exclusions, as outlined in
this Agreement.
|
|
Cover Limited (NZ$) (including GST) |
|
Parcels |
|
|
Courier Courier & Signature |
$250.00 |
|
Letters and postcards |
|
|
Letters and postcards |
Under the Postal Services Act 1998, no compensation is payable |
The disclosed value*, provided:
|
|
Purchaser |
Cover Limit (NZ$) (including GST) |
|
International Courier |
Consumer |
The disclosed value*, provided: It is under $2,000 |
|
International Air Parcel |
Consumer |
The disclosed value*, provided: it is under $2000 |
You
disclose on the customs declaration form, Consignment note or label, when
sending Internationally.
There are some items that DIY service
generally do not agree to carry, these include:
-
dangerous goods, fragile items
and perishable items, as set out in our Terms and Conditions;
Fragile, perishable, or valuable items for You,
please do not give us such items for delivery as we will not accept any
liability for them. Please remember that if any of the contents of an item are
fragile, perishable, or valuable, then the entire item is classified in the
same way.
There are a number of circumstances where We
are not liable to pay compensation for loss of, or damage to, certain items.
These include but are not restricted to:
-
Prohibited items, see our list shown
below
We may also be able to offer additional
insurance cover to existing DIY members a small charge. Please send enquires to
the DIY support centre to find out if this option is available to You.
DIY make every effort to ensure Your Consignment
arrives in good condition, but unfortunately sometimes things can go wrong.
This section sets out what compensation is payable for loss of, or damage to,
an item, which items are not covered by compensation or cannot be sent and how
to make a compensation claim
If Your Consignment has not arrived as
expected, there are a number of things You can check before You contact us:
-
our delivery targets, to see
when the item should have been expected;
The purchaser of the DIY service (that is,
the sender) must lodge the enquiry or claim with us. If You are the intended
recipient of an item, and something is amiss, please contact the sender and
have them raise the matter with us.
For all Domestic and International postal
services please contact DIY on support@diyparcel.com
Subject to the application of the Consumer
Guarantees Act 1993, claims for loss or damage must be made within the times
shown below.
Damage:
Damage to a delivered item or missing
contents - 7 days.
Non-delivery:
|
Service used |
Timeframe for making a claim |
|
Domestic postal or courier service |
7 days |
|
International courier service |
21 days |
When lodging an enquiry or making a claim
for loss of, or damage to, a courier item, You must provide us with all
relevant information to enable us to investigate the matter. The information You
provide must be accurate and will include the following:
-
time, date and place of posting
We individually investigate each enquiry
and claim. Because of this, resolution of Your case may not be immediate and
some International investigations may take several months to complete. For Domestic
matters, please expect one to two weeks to pass from Your initial interaction
with us before we make contact again, and longer if the issue is complex.
Please note:
We usually pay compensation to the sender,
but the sender can waive this right in favour of the addressee. An addressee
will receive the same amount of compensation as we would have paid to the
sender if the sender had made the claim themselves.
Payments are made via internet banking and
will be made in accordance with our payments cycles – usually on a Friday.
If compensation for damage to an item has
been paid in full, then we may dispose of the damaged item as we choose.
If we pay You compensation in full for a
lost item and the item later turns up, the item will be our property. If You
want to have the item returned to You, You must refund the compensation payment
You received in full.
User agrees that it will accurately provide
the physical and volumetric size and weight for all Consignment and that it
will not under-declare the physical and volumetric size and weight of any Consignment.
Charges are based on the greater of the
physical or volumetric size and weight of a package, the number of packages in
a Consignment and the journey between the collection point and the delivery
point as indicated by You.
You acknowledge that DIY has the right to
check the physical or volumetric size and weight of a package and if it detects
that Consignment has been under-declared resulting in an underpayment by You
for the carriage of the Consignment, DIY will calculate and apply the correct
payment and raise an invoice for the difference, for immediate payment on
presentation.
You also acknowledge that DIY will charge a
fuel allowance on the difference as well as an administrative fee to cover the
detection of the under-declared Consignment, correct weighing of the Consignment
and preparation of the invoice for the difference.
You further acknowledge that DIY reserves
the right not to provide the services until You have paid the correct amount
applicable for the carriage of the Consignment.
Various charges for DIY services are set
out on the Site and are valid at the time of accessing the Site only as some
may fluctuate from time to time.
Where Customer places an Order online, You
shall pay all applicable charges in advance via the Site. You agree to pay and
shall be liable for all charges including but not limited to, credit/debit card
charges, variable fuel rates, administrative fees and third-party costs
incurred for any reason in the provision of the Services.
The DIY’s charges for the services
including any Variable Fuel Rates (VFR), administrative fees and third-party
costs and all other fees shall be deemed fully paid before Consignment are dropped
off at the stores.
All charges are stated as inclusive of VFR
and GST and may be subject to variation from time to time.
You authorise us to charge Your
credit/debit card prior to delivery (or in the case of International mail, at
the time that the parcel is weighed and measured at the International Mail
Centre) with any unpaid postage costs where the physical and volumetric size
and weight entered by You are found to be incorrect. Where short paid postage
is unable to be charged to Your credit/debit card or the payment cannot be
processed successfully, DIY may charge a handling fee in addition to the
postage owing.
Unless evidenced otherwise, an invoice
shall be considered as received within seven (7) working days following the
date on the invoice. Invoices are emailed to You.
If You fail to make payment in full by the
due date, this shall be considered as a material breach of this Agreement and
the whole of the balance due in relation to the DIY services then outstanding
shall become immediately due and payable and, without prejudice to any other
right or remedy available to DIY and until the payment has been made in full,
DIY may:
-
suspend delivery of the Consignment
where it is not yet delivered (and/or any other Consignment (whether from the
same order or not) to the consignee;
Refunds made during the Refund Window can
only be made to the credit card account used to make the original payment and
will be subject to a payment processing fee equal to the greater of $5 or 5% of
the total amount refunded. For the avoidance of doubt, goodwill payments
credited to Your DIY account will not be subject to a refund.
Where the Refund Window has expired, Your
sole remedy and our sole liability to You will be the provision of DIY services
against which You may redeem Your DIY Credit to the value of Your DIY Account
balance. No cash refunds shall be made under any other circumstances.
If the Consignment to receiver is being
returned to DIY depot due to incorrect consignee details, then full postage may
need to be applied to resend the item. Short paid items with no return address
may be considered undeliverable and sent to DIY depot and dealt with in
accordance with the Postal
Services Act 1998.
In no event shall the DIY be responsible or
liable for any failure or delay in the performance of its obligations hereunder
arising out of or caused by, directly or indirectly, forces beyond its control,
including, without limitation, strikes, lock-outs or other industrial disputes
(whether involving the workforce of DIY, the DIY Network or any other party),
and (including being prevented from collecting, delivering, customs clearing Consignments)
failure of a utility service or transport network, act of God, war, riot, civil
commotion, malicious damage, compliance with any law or governmental order,
rule, regulation or direction, accident, breakdown of plant or machinery, fire,
flood, adverse weather conditions or default of DIYs, consultants or
Sub-Contractors’, DIY’s failure to perform that obligation shall not constitute
a breach or default under this Agreement; it being understood that the We shall
use reasonable efforts which are consistent with accepted practices in the logistic
industry to resume performance as soon as practicable under the circumstances. If
the Force Majeure Event continues for a period in excess of thirty (30) days,
either party may cancel the Order and terminate this Agreement provided such
Force Majeure Event is continuing at the date of termination. In such
circumstances, We shall arrange to return Your Consignment to You at Your sole
cost and expense.
The User authorises DIY to act as the
Customer’s agent for export control and customs purposes and to complete all
documents as may be necessary or desirable in connection with the provision of
the services on any terms provided that the Carrier shall not be liable to act
as the User’s agent in this respect.
DIY may (but without obligation to do so)
advance any duties, taxes, imports, outlays or charges at any port or place in
respect of the goods and the Customer shall on demand pay any amounts so paid
by DIY.
We may open and inspect any item we suspect
may be a Dangerous Goods or Prohibited Item. If we find such an item it will
not be delivered and we will not refund the amount You
paid to us to deliver the item.
We
are not obliged to return the item to You, but may, at our discretion and at Your
cost:
-
a. make the item safe;
Means all items listed in the IATA
Dangerous Goods Regulations, any substance or article prescribed as Dangerous
Goods for the purposes of the Hazardous Substances and New Organisms Act 1996
and associated regulations and any other item listed below as a Dangerous Good
(as such list is amended from time to time).
Means items of a perishable nature
including without limitation, plants, flowers, produce, biological specimens,
organisms and cultures, frozen chilled food, blood, serum and chilled medical
supplies, items which need to be delivered within a limited time span or any
other item listed below as a Perishable Item (as such list is amended from time
to time).
Means items listed below as a Prohibited
Item (as such list is amended from time to time).
Means any item of fragile nature (including
without limitation, glassware and lighting),car panels, carskins, windscreens,
bumpers, wine or bottled product, whiteboards, display signs, empty animal
cages, livestock, items in excess of 1.5 metres in length, cash up to a maximum
of $1000 (amounts over$1000 will not be carried) and any other item listed
below (as such list is amended from time to time).
This list is a guide only and is not
exhaustive, if You have any questions please contact us.
These items, while not necessarily dangerous,
are prohibited:
-
Live animals except for
correctly packaged bees, leeches, silkworms and harmless insects
-
Bullion
All items, irrespective of packaging,
listed in the IATA Dangerous Goods Regulations are not to be sent by courier.
These include:
-
Acid